The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A knife knife knife (No. 2) shall be confiscated.

The lower court found the Defendant guilty of this part of the facts charged, by misunderstanding the substance of the grounds for appeal - misunderstanding the fact that the Defendant was guilty of this part of the charges, even though the Defendant was frightened only to the victim C and did not intend to murder the said victim

The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (four years of imprisonment) is too unreasonable.

Judgment

In the judgment of misunderstanding of facts, the intention of murder in the crime of murder does not necessarily require the intention of murder or planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and even if the perception or prediction is not definite, it is not only conclusive but also it is so-called willful negligence, so-called crime of murder is recognized (see, e.g., Supreme Court Decision 2002Do995, Jun. 24, 2004). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the knife used by the defendant for the crime, is the whole length of 15.5cm, the knife knife knife knife knife knife knife knife knife knife knife.

“The victim’s knife knife knife knife knife from the right side to the lower side of the victim’s knife knife knife knife 3 cm in length, 0.5 cm in depth to the right side of the victim, and the victim avoided this knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.