A. Defendant 1) had no intention to kill the victim. Thus, the judgment of the court below which found the Defendant guilty of the facts charged in this case was erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment. 2) The punishment of the court below against the Defendant (three years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Determination on the Defendant’s assertion of mistake of facts does not necessarily require the intention of murder or planned murder. In a case where the Defendant did not have the intention of murder at the time of committing the crime and did not have the intention of murder but rather knew or predicted that there was a possibility or risk of causing another person’s death due to his/her own assault, etc., he/she may be deemed to have committed an intentional act. In a case where the Defendant asserts that there was only the intent of murder or assault at the time of committing the crime, the determination on whether the Defendant had the intent of murder was caused by the crime should be made by comprehensively taking into account the circumstances acknowledged by the lower court, such as the background leading up to the crime, motive for the crime, type and usage of the prepared deadly weapons, the degree of the occurrence of the crime, the likelihood of the occurrence of the consequence of the crime, the existence of the act of avoidance after committing the crime, and other objective circumstances before and after the crime (see, e.g., Supreme Court Decision 2015Do5355, Oct. 29, 2015).