All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

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

On the third day of the trial of the trial court, the defendant withdrawn the assertion of mistake or misapprehension of legal principles contained in the grounds for appeal.

B. The sentencing of the lower court (the Defendant, the Prosecutor) is too unreasonable on the ground that the sentencing of the lower court (three years of imprisonment) is too unreasonable.

(1) On the contrary, the above sentencing is too unfortunate and unfair.

(Public Prosecutor) 2. Determination

A. (i) As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the 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 commission of the crime is determined by comprehensively taking account of the objective circumstances before and after the commission of the crime, such as the background leading up to the commission of the crime, motive for the crime, type and use of deadly weapons prepared, the part and repetition of the attack, and the possibility of causing the death.

(see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). The court below determined as follows based on the evidence duly adopted and investigated.

The kitchen knife used by the defendant as a criminal tool is a deadly weapon with the length of the knife and the knife reaches 19cc, and the knife is a deadly weapon with the knife of the knife.

In addition, the defendant, under the influence of alcohol at the time of the kitchen with the kitchen knife, knife the body of the victim, such as flife, flife and flife, or flife the victim so that flife can be treated for 25 days.

According to this, the defendant is a deadly weapon as above.