A defendant shall be punished by imprisonment for 13 years.

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles: the Defendant did not have any intention to commit murder; 2) unreasonable sentencing: the lower court’s imprisonment (10 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (10 years of imprisonment) is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the criminal intent in the crime of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or have predicted that there is possibility or risk of causing another person’s death due to one’s own act, and its recognition or prediction is not only conclusive but also it is so-called dolusent intentional negligence. In a case where the Defendant asserts that there was only the crime of murder or assault without confession of murder, whether or not the Defendant was guilty of murder at the time of committing the crime should be determined by comprehensively taking into account all the objective circumstances before and after the commission of the crime (see, e.g., Supreme Court Decision 200Do2231, Aug. 18, 200), such as the circumstance leading up to the Defendant’s crime, motive, type and repetition of the crime, degree of occurrence of the consequence of murder, existence of consequence avoidance behavior after the crime, and the frequency of assault and bodily injury inflicted by the victim, etc. in light of the aforementioned legal principles.