The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. In fact, the defendant of mistake of facts recognized the fact that knife the victim's chest was knife a knife. However, at the time, the victim flife knife knife knife knife knife knife knife knife knife knife knife,

Nevertheless, the judgment of the court below which found the defendant guilty of attempted murder is erroneous.

B. The sentence imposed by the court below on the defendant (seven years of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 as to the assertion that there was no intention to commit murder (see, e.g., Supreme Court Decisions 2006Do734, Apr. 14, 2006; 2017Do19501, Jan. 25, 2018; 2017Do19501, Apr. 25, 2018). The judgment of the court below, based on the evidence duly adopted by the court below, should be based on the following circumstances, such as the background leading up to the crime, motive leading up to the crime, existence of a deadly weapon prepared for the crime, type, method of use, degree of the attack, and possibility of the occurrence of death (see, e.g., Supreme Court Decisions 2006Do734, Apr. 14, 2006; 2017Do19501, Jan. 25, 2018).

It is proper that the court below judged that the defendant had the intention to murder, and there is no error of mistake of facts as alleged by the defendant.

This part of the Defendant’s assertion is without merit. The motive for the instant crime is the same.