A. The judgment of the court below that found the Defendant guilty of this part of the facts charged even though the Defendant did not have intention to kill the victim D, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. As to the punishment sentenced by the court below (two years and six months of imprisonment), the defendant asserts that it is too unreasonable, and the prosecutor asserts that it is too unjustifiable.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, the intent of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also definite. In a case where the Defendant contests that the Defendant had no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, whether or not the Defendant was guilty of murder at the time of committing the crime ought to be determined by taking into account the objective circumstances before and after committing the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). The following circumstances are that the Defendant had no criminal intent of murder, and that the Defendant had no intention of murdering at the time of committing the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).