All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although there was no intention to kill the victim at the time of the instant crime of mistake of facts, there was an error of law by misunderstanding the fact that the lower court found the Defendant guilty of attempted murder according to the facts charged in the instant case and thereby affecting the conclusion of the judgment. 2) The sentence of imprisonment (four years of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The Defendant also asserted the same purport as this part of the grounds for appeal, and the lower court rejected the above assertion in detail under the title “judgment on the Defendant and his defense counsel’s assertion”.

Examining the judgment of the court below closely with the records, the above judgment is justifiable and acceptable.

Therefore, the defendant's assertion of mistake is without merit.

B. Determination of unfair sentencing by both parties on the assertion of unfair sentencing is against one another by recognizing the error of the victim's act in knife with the exception of criminal intent, and the criminal act is exempted from attempted crime and the result of the most bad faith up to the death of the victim is not determined as the degree of mental and physical disorder, but there are no circumstances that may be considered in the circumstance of the crime under the influence of alcohol, and there are no records that have been punished more than seven times in total due to the violation of the Fisheries Act, the Food Sanitation Act, the Punishment of Violences, etc. Act, etc. from 1980 to 2009, but all of them are punished more than one million to two million won, and there are no other criminal records, and there are more favorable sentencing factors or objective and neutral sentencing factors such as the fact that there are no other criminal records.

However, the crime of this case was rejected by the defendant, even though he continued to have access to the victim, who was the second generation of old female living together.