A. Defendant 1) The Defendant had no intention to kill the victim.

2) Inasmuch as the Defendant, who was physically and mentally weak at the time of committing each of the instant crimes, was drunk and physically weak at the time of the instant crime, punishment should be mitigated.

3) The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding of the facts does not necessarily require the purpose of murder or the intention of planned murder, but there was an intentional intent if the Defendant knew or predicted that there was a possibility or risk of causing another’s death due to his/her act, such as his/her own assault, etc.

may be filed.

In a case where the Defendant asserted that the Defendant had no intention of murder at the time of committing the crime, and only was only the intentional murder or assault committed, the determination of whether the Defendant had the intention of murder at the time of committing the crime ought to be made by taking full account of the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for the crime, existence and nature of the prepared deadly weapon, the nature and repetition of the crime, the degree of the occurrence of the result of the crime, the possibility of the occurrence of the consequence of the crime, and the existence of the act of avoidance as a result of the crime (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015). 2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is reasonable to fully recognize the fact that the Defendant had prepared for murder with intention of murder at least several times in advance, and thus, the lower court’s determination that the Defendant was liable to commit the crime of attempted murder is justifiable and there is no error as alleged.

Therefore, the defendant's assertion of facts is without merit.

(1) A defendant;