All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant of the charge of attempted murder of this case without any reasonable doubt, based on the evidence submitted by the prosecutor, including the victim’s investigative agency and the court below’s statement, and the evidence submitted by the prosecutor. However, the lower court erred by misapprehending the legal doctrine as to the mistake of facts or intent of murder.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of misunderstanding the facts or legal principles, the intent of murder does not necessarily require the intention of murdering or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or prediction is not only definite but also definite. In the event that the defendant asserts that there was only no criminal intent of murder or assault at the time of committing the crime, and that there was only the criminal intent of murder, whether the defendant was guilty of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, type and method of the crime, the nature and repetition of the attack, and the possibility of the occurrence of death (see Supreme Court Decision 2008Do9867, Feb. 26, 2009). Thus, there is no doubt that there is no reasonable doubt as to the defendant’s conviction in criminal trial (see, e.g., Supreme Court Decision 2009Do9867, Feb. 26, 2009).