The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Regarding attempted murder, misunderstanding of facts and misunderstanding of legal principles 1), the Defendant started the commission of the crime of murder by knife with the victim’s chest in order to kill the victim E with the intention of murder, but failed to achieve that intent. Nevertheless, the lower court erred by misapprehending the legal doctrine on the establishment of the crime of murder, thereby failing to recognize the Defendant’s intentional murder, and by misapprehending the legal doctrine on the intentional establishment of the crime of murder, and thereby, determined that the Defendant’s act constituted only a special injury rather than a attempted murder. 2) In regard to the special intimidation, according to the evidence such as the statement made by the victim D investigation agency or the CCTV-faging photograph, it is sufficiently recognized that the Defendant committed the same act as the victim with a knife.

Nevertheless, the court below erred by misapprehending the legal principles on the crime of intimidation or by misapprehending the legal principles on the crime of intimidation, thereby finding it difficult to recognize the fact that the defendant committed the same act as a knife with the above victim and thereby threatening the above victim.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution) is too uneasy and unfair.

2. The collective opinion presented to the full bench in relation to the recognition of facts in the criminal proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judicial judgment on the assertion of mistake of facts and misapprehension of legal principles is an advisory effect to assist the judgment of the judge of the fact-finding court who has a full power over the preparation of evidence and fact-finding under the principle of substantial direct examination and the principle of court-oriented trials. Accordingly, the jury participates together in the whole process of the examination of facts, such as witness testimony, and then establishes evidence and acknowledges facts, such as credibility of witness statement.