All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In the case of attempted murder by the Defendant (in fact-finding or unfair sentencing) against the victim’sO, the Defendant did not have any intent to commit murder.

In addition, the sentence of the court below (three years of imprisonment) is too unreasonable.

B. According to the evidence submitted by the Prosecutor (Definite) the crime of attempted murder against the victim N is sufficiently recognized.

2. Determination:

A. A prosecutor’s additional charges filed an appeal against the acquittal portion of the judgment of the court of first instance, while maintaining the facts charged as to attempted murder against the victim N in the first instance, and subsequently applying for amendment of the indictment to include the name of the crime as “violation of the Punishment of Violences, etc. Act”, “Article 7 of the Punishment of Violences, etc. Act”, and “the defendant thought that O was disregarding the defendant on July 1, 2014, around 04:20, around 04:20, the second floor of the building located in Kacheon-si U.S., and carried the knife, which is a deadly weapon, which might be used for violence in the car in Kanan-si, without good cause.” This court was added to this case’s permission.

However, since the prosecutor's argument of mistake of facts about the primary facts is still subject to the judgment of this court, the reason for appeal against the primary facts of the prosecutor and the ancillary facts added in the trial are examined in order.

B. 1) As to the grounds for appeal by the Defendant’s assertion of mistake of facts, the intent in the crime of murder does not necessarily require the intention of murder or planned murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also so-called willful negligence.