The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not intend to kill the victim at the time of committing the crime.

B. The lower court’s sentencing is too unreasonable and unfair.

2. Determination

A. (i) As to the assertion of misunderstanding of facts or misapprehension of legal principles, the criminal intent of murder does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or anticipate the 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 conclusive, so-called willful negligence. Whether there was a criminal intent of murder at the time of the crime is determined by comprehensively taking account of the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, method of use of deadly weapons prepared, part and repetition of attack, degree of possibility of causing death, etc.

(see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). Shelled the lower court determined as follows.

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below.

(1) The Defendant, with golf string of the string materials, prices the head part of the victim’s head, and even reported that the victim’s head gushes down from the victim’s head.

Although the defendant asserts that he was forced to leave only once, the above argument is rejected in light of the fact that the victim suffered the tear of the head two parts, and was in the process of being in the process of being in the 7th string of the parts.

(2) In light of the part, degree, blood state, etc. of the victim's injury, the defendant seems to have computed the head of the victim by considerable force.

In case of the strong price of the head of a person with golf bonds, anyone can easily predict that the risk of life may be caused.

(3)