Defendant shall be punished by imprisonment for a term of eight years and fine of two thousand won.

The above fine shall be imposed on the defendant.

A. The judgment of the court below which convicted the defendant of attempted murder even though he did not have intention to kill the victim, is erroneous in the misapprehension of the facts which affected the conclusion of the judgment.

B. At the time of committing the instant attempted murder, the Defendant was in a state with weak capacity to discern things or make decisions by taking advantage of alcohol and narcotics.

C. The lower court’s sentence of unreasonable sentencing (limited to nine years of imprisonment, fine of 2.1 billion won, imprisonment of 7 million won per day, and confiscation) is too unreasonable.

2. Determination

A. In the crime of murdering a mistake of facts, the intent of murder does not necessarily require the purpose of murder or the intention of planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also so-called willful negligence.

Whether the Defendant had the intent to commit murder at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the commission of the crime, motive for the crime, the existence, type, and method of the prepared deadly weapons, the father and repetition of the attack, the likelihood of the occurrence of the consequence of death, etc.

(See Supreme Court Decision 2006Do734 delivered on April 14, 2006, etc.). The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the defendant continued to communicate with the defendant by the victim E, who was in a relationship with the defendant, and found the victim by using the kitchen gate in order to keep the contact with the defendant, and to arrange the relationship with the defendant. ② The kitchen knife of the above kitchen knife, which is 33 cm in total length and 21 cm in the knife length, was reduced, but the tape 10 cm in front of the knife of the above kitchen knife, was not cut. The tape is the tape.