The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In light of the misunderstanding of facts (the facts charged by the State) in light of the fact that the defendant has applied a 20 or more times to the shoulderer's disease under the condition that the victim does not flee, the intention of murder may be fully recognized by the defendant.

The sentence of imprisonment with labor (three years of imprisonment) by the lower court is too unjustifiable and unjust.

On July 22, 2015, the main facts charged in the judgment of the court below and the main points of the judgment of the court below are as follows: (a) the defendant returned the money that he left to the victim at the restaurant operated by the victim D (W, 48 years old) in Gangwon-gun E on July 2, 2015; (b) but the victim refused to pay money; (c) the head of the victim was able to take one time the head of the victim, which is a dangerous object on the table, and thereby, attempted to kill the victim with 20 times a knife knife and knife, knife knife knife knife knife knife knife knife knife knife knife knife k.

이에 대하여 원심은 맥주병의 강도와 무게에 비추어 피해자의 머리를 맥주병으로 내리친 정도로는 피해자를 살해하기 부족하고, 맥주병의 깨진 병목 부분도 손으로 쥔 부분을 제외하면 자창을 입힐 수 있는 길이가 약 1cm에 불과하여 피해자를 살상하기에는 부족하며, 실제로 피해자가 치명상 또는 생명에 위협이 될 수 있는 상해를 입지 않았고, 그가 도망하자 피고인이 범행을 중단하고 그 직후 자수한 사정들을 고려하면 피고인이 피해자를 살해할 의사가 있었다고 단정하기 어렵다는 이유로 주위적 공소사실을 무죄로 판단하였다.

However, according to the evidence duly adopted and examined by the court below, the beer's disease used by the defendant for the crime was in the restaurant cooling house, and the defendant was not prepared in advance, but in the cooling house.