A. The judgment of the court below that found the Defendant guilty of the attempted murder of this case on the ground that the Defendant committed a knife with the intent to kill or threaten the victim C, and there was no intention to kill the victim C. Therefore, the judgment below erred by misapprehending the facts.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the intention of murder does not necessarily require the intention of murder or planned murder, and if the Defendant knew or predicted that there was a possibility or risk of causing death of another person due to his/her own act, such as his/her own assault, etc. In the event that the Defendant did not have the intention of murder at the time of committing the crime, and only he/she was aware of the intent of murder or assault, the determination of whether the Defendant had the intention of murder was caused by the crime should be based on the following factors: (a) the background leading up to the Defendant; (b) the motive leading up to the crime; (c) the motive leading up to the crime; (d) the type and method of attack; (d) the degree of the occurrence of the consequence of the crime; (e) the likelihood of the occurrence of the death; and (e) the existence of the consequence of the crime before and after the commission of the crime (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015).