A. (1) The court below accepted the facts charged and convicted the defendant, although the defendant did not intend to kill the victim because he was killed in the process of a fighting with the victim's body in the process of a fighting with the victim's body, the court below erred by misapprehending the facts, which affected the conclusion of the judgment of the court below.

(2) The lower court erred by misapprehending the legal doctrine on excessive defense or excessive necessity, thereby adversely affecting the conclusion of the judgment, even though the Defendant’s act constitutes an act of defense or an act of escape in an imminent and unstable situation where the Defendant’s act constitutes an act of defense in excess of its degree or an act of defense in excess of its degree caused by fear, light, entertainment, or yellow dust.

(3) The sentence imposed by the lower court of unreasonable sentencing (eight years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor (eight years of imprisonment) is too unfased and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or predictability is not definite, but it is so-called willful negligence even if it is uncertain. In a case where the Defendant only contests that the Defendant had no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, whether the Defendant was guilty of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, motive, existence and type of the crime, method of attack, the nature and repetition of the prepared deadly weapons, and the possibility of the occurrence of the death result.