In addition, the appeal by the person who requested the attachment order is dismissed.

A. Part 1 of the Defendant case: Defendant and the person requesting attachment order (hereinafter “Defendant”)

(2) In light of the background leading up to the instant crime and the fact that the Defendant was present at the police box after the instant crime and voluntarily surrenders, the lower court’s punishment (four years of imprisonment) is too unreasonable, in light of the following: (a) the victim’s intent to kill the victim and did not put the victim’s clothes with the intent to kill the victim. (b) Even if the intention of murder is acknowledged, the lower court’s intention to kill the victim is deemed unfair.

B. The lower court’s attachment order (20 years of attachment) against the Defendant on the part of the case where the attachment order is applied is unreasonable.

2. Determination

A. Part 1 of the defendant's case does not necessarily require the intention of murdering or planned murdering. 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 definite. In a case where the defendant asserts that there was no criminal intent of murder or assault at the time of committing the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and method of the crime, the existence and repetition of the prepared deadly weapons, the degree of the occurrence of the crime, and the possibility of the occurrence of death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).