A. Error of fact in the Defendant did not have the intention of murder, such as the facts charged in the instant case, and the Defendant was merely the only criminal intent of injury.

B. Under the influence of alcohol at the time of committing the crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

C. The sentence imposed by the lower court (eight years of imprisonment) is too unreasonable and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts, the criminal intent of murder does not necessarily mean that the purpose of murder or the intention of planned murder is not necessarily recognized, but is sufficiently satisfied if he/she knows or anticipates the possibility or risk of causing another person's death by his/her own act, and its perception or prediction is not only conclusive but also it is so-called willful negligence.

In a case where the Defendant did not have the intent to commit murder at the time of committing the crime, and only there was only the intent to commit murder or assault, it is inevitable to determine by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the Defendant’s criminal intent at the time of committing the crime, the motive for committing the crime, the motive for committing the crime, the method of the existence and use of prepared deadly weapons, the father and repetition of the attack, the possibility of the occurrence

(See Supreme Court Decision 2001Do6425 Decided February 8, 2002, Supreme Court Decision 2006Do734 Decided April 14, 2006, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the excessive amount used as a tool for committing the instant crime, is 23 cm in total length and 12 cm in length, which can clearly be recognized that the victim may die if he/she causes an important part of his/her body, and ② the Defendant knife the central upper part, such as the left side of the body with the above knife, and the knife caused the death of the victim due to the death of the body.