All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, with intention to murder, attempted to murder the victim, the lower court erred by misapprehending the facts concerning the establishment of murder or by misapprehending the legal doctrine, thereby not recognizing the Defendant’s intention.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The Defendant’s summary of the factory laboratory is in the respect of “F clothes” located in the Namdong-gu Incheon Metropolitan City, Namdong-gu around October 23, 2015, citing a dispute with the victim as he/she was boomed and causing the victim’s key to the motor vehicle.

“Ack and sound, the victim did not comply with the request, and the large-scale wind engine in that place was collected by the victim, and the victim attempted to kill the victim once by knife, but the victim tried to kill knife by knife, but the victim who fnife fab will play the key to the motor vehicle at the request of the defendant.

The defective victim attempted to commit an injury, such as an open upper part ( approximately 1 mm in the sloping length), the right shoulder, and slick, in a state of harming the defective victim, which requires approximately 2 weeks of treatment.

2) The lower court’s judgment appears to be not to put the Defendant under strong force to the extent of the death of the victim even considering the following circumstances, namely, ① the Defendant did not intend to murder the victim at the prosecution and the lower court court’s court, but denied the intent of murder, ② the part and degree of the victim’s injury was merely 1 cm in length due to an open top part of the chest part, and the victim suffered overlapping several clothes at the time. (The victim also fell under the first instance court’s court’s knife the Defendant’s knife at the time.)