A. There was no intention to kill the victim at the time of the crime of mistake of mistake.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of misunderstanding of facts does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only definite but also definite. In a case where the defendant asserts that there was only no criminal intent of murder or assault at the time of committing the crime, the issue of whether the defendant was guilty of murder or not shall be determined by taking into account the following objective circumstances before and after committing the crime (see, e.g., Supreme Court Decisions 201Do6425, Feb. 8, 2002; 2001Do6425, Apr. 24, 2006; 2006Do374, Apr. 27, 2006).

① The Defendant, who took the knife from the victim who saw a knife in a dispute, took the knife the knife of the victim, faced with the victim’s bomb and breath by breathing breath, etc., and had the victim take the bath and breath of the victim, and had the victim take the knife with his knife with his knife, etc., while she dumbling the kn

The defendant does not resist the victim any longer in the process.