A. In the event of the instant crime, the Defendant, at the time of the instant crime, was threatened with intimidation from the victim and his relatives, and was threatened with a knife with a knife at a defensive level for them, he was under the influence of alcohol and became a victim with a knife with a knife with a knife, and does not have the intention of murdering the victim from the beginning.

Nevertheless, the judgment of the court below that recognized the defendant's intention to commit murder is erroneous and adversely affected by the conclusion of the judgment.

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

2. Determination

A. In the crime of murder in determining a mistake of facts, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to one’s own act. The recognition or predictability of murder is not only conclusive but also uncertain but also it is so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only there was only the criminal intent of murder, the issue of whether the defendant was guilty of murder at the time of the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, motive, method of attack, the existence and repetition of the prepared deadly weapons or tools, the part and repetition of the attack, and the possibility of the occurrence of the result of death.

(see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant was able to put the blade, the blade of which is about 26 cm (total length of 41 cm) in a paper, and brought about the Korean comprehensive support center located in the Gu-U.S. where the victim et al. was born.