The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

A seized knife (L.)

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (1) merely attempted to detain the victim without the intent of murdering the victim with respect to the crime of murder of this case, and thus, the Defendant and the respondent for an attachment order (hereinafter the Defendant) should be based on the crime of bodily injury resulting from special confinement, not on murder.

2) The sentence of the lower court that is unfair in sentencing (seven years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court on the part of the Defendant case is too unhued and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device even if the part of the case for which the attachment order was requested is not likely to prevent the second murder.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

On February 8, 2018, the prosecutor filed an application for the modification of an indictment with the same content as the criminal facts as stated below, and this court permitted the application.

Therefore, among the judgment of the court below, the part of the case of the defendant was changed to be judged and no longer maintained.

However, despite the existence of the above reasons for reversal in the part of the judgment of the court below, the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to the judgment of the court of this case, and thus, I would like to examine the argument regarding the Defendant’s mistake and misapprehension of legal principles

B. 1) As to the Defendant’s assertion of misunderstanding the facts and legal principles, the intent of murder in the crime of murder is not necessarily recognized as the purpose of murder or that of planned murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act.