All appeals filed by the defendant and prosecutor are dismissed.

1. The court below found the Defendant not guilty on the grounds of the judgment on the charge of attempted murder, which is the primary charge, and found the Defendant guilty of special injury, which is the ancillary charge.

The defendant and the prosecutor appealed against each guilty part, and the prosecutor did not appeal against the acquittal part of the reasons.

In such a case, the part of acquittal in the reasoning is also subject to the appellate trial along with the part of conviction in accordance with the principle of non-guilty appeal. However, since the part of acquittal in the reasoning is already excluded from the object of attack and defense between the parties, this part cannot be judged again by the court.

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the acquittal of the Defendant for reasons, the conclusion of the lower judgment is followed, and this Court does not separately determine the acquittal of the Defendant.

Ultimately, the scope of the court's judgment is limited to the conviction of the defendant.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not inflict an injury on the victim with a knife, and the victim snife him by taking the knife from the Defendant. Nevertheless, the judgment of the court below which found the Defendant guilty of the instant ancillary charge was erroneous by misapprehending the facts. (2) The sentence (one year and six months of imprisonment, and confiscation) sentenced by the court below of unreasonable sentencing is too unreasonable.

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

3. Determination

A. The first instance court’s judgment on the Defendant’s assertion of mistake of facts also made the same assertion in the lower court, and in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated, the lower court committed an injury to the victim in the kacker, which is a dangerous object.