The part concerning confiscation shall be reversed.

The judgment below

The appeal by the defendant against the remainder of the two shall be filed.

A. The Defendant had no intention to kill the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. We examine the argument of misunderstanding the facts. The intent of murder in the crime of murder does not necessarily require the purpose of murder or the planned intention of murder. 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 conclusive. In a case where the defendant argues that there was no intention of murder at the time of the crime, and only was only the criminal intent of bodily injury or assault, the issue of whether the defendant was the criminal intent of murder at the time of the crime shall be determined by taking into account the objective circumstances before and after the crime, such as the circumstances leading to the crime, motive, motive, existence and type of the crime, method of attack, part and repetition of the prepared deadly weapon, degree of the possibility of causing death, etc.

(2) On February 8, 2002, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2001Do6425, Feb. 8, 2002). In other words, the defendant thought that the victim's cell phone loss is doubtful, and the defendant committed the crime of this case in a timely manner, and the defendant committed the crime of this case. ② The food blade used by the defendant is 3.5 cm in total length and 21.5 cm in length, and the person's clothes, etc. are 3.5 cm in total length, so it can be sufficiently anticipated that the person's death will occur; ③ the defendant took place in the direction below the victim's left part in the above knife, and the victim's left part, etc. tried to flee without doing so, was added once more, and the circumstances leading up to this case, and the background leading up to the defendant, the food blade used