The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of attempted murder even though the defendant did not have the intention to murder with respect to the crime of attempted murder, is erroneous in the misapprehension of the facts which affected the conclusion of the judgment.

B. The Defendant, who was mentally and physically weak, was under the influence of alcohol at the time of committing the crime.

(c)

In full view of the fact that the crime of this case was an contingent crime, and that there was no previous conviction except for the previous conviction, the lower court’s punishment (6 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Fact-finding 1) The criminal intent of murder does not necessarily require the intention of murder or planned murder, but it is recognized or predicted that there is possibility or risk of death of another person due to his own act, and its recognition or prediction is not definite, but it is so-called dolusence even if it becomes uncertain. In the event that the defendant argues 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 the defendant was guilty of murder at the time of committing the crime should be determined by considering the objective circumstances before and after committing the crime (see Supreme Court Decision 2010Do15142, Jan. 13, 201; 2010Do15144, Feb. 2, 2011).