A defendant shall be punished by imprisonment for three years.

Seized knife No. 1 (No. 1) shall be confiscated.

A. The judgment of the court below which found the defendant guilty of this part of the facts charged even though he did not have intention to kill the victim, is erroneous in the misapprehension of facts which affected the conclusion of the judgment

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts, the intent of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of death of another person due to his own act, and its recognition or prediction is not only definite but also definite. In a case where the Defendant contests that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder or assault, whether or not the Defendant was guilty of murder at the time of committing the crime ought to be determined by taking into account the following objective circumstances before and after committing the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). The lower court did not err by misapprehending the part of the Defendant’s knife and knife with the victim’s face, and thus, tried to have the victim’s knife his knife and knife the victim’s knife.