A. Although there was no intentional murder at the time of committing the crime as stated in Paragraph 1-B of the judgment of the court below, the judgment of the court below which found the guilty guilty of this part of the facts charged is erroneous by mistake

B. The sentence imposed by the lower court on the Defendant (a 3 years of imprisonment and 700,000 won penalty) is too unreasonable.

2. Determination:

A. 1) Determination of misunderstanding of facts does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also it is so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and only the defendant 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 should 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 relationship between the victim and the victim was lawfully adopted and the victim’s face at the time of committing the crime and the following circumstances (see, e.g., Supreme Court Decision 208Do9867, Feb. 26, 2009).