The defendant's appeal is dismissed.

Summary of Reasons for Appeal: Fact-finding, misunderstanding of legal principles, and improper sentencing

A. There was no intention to kill the victim C.

B. The defendant had no intention to kill the victim F.

(c)

The crime of attempted murder of this case was committed by the Defendant with free will prior to completion of the crime, and thus constitutes attempted murder. Therefore, the punishment against the Defendant should be mitigated or exempted as necessary.

(d)

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

Judgment on the Reasons for Appeal

A. As to the assertion of misunderstanding the legal doctrine that there was no intention of murdering the victims, the criminal intent of murdering is not necessarily acknowledged to have the intention of murdering or planned. It is sufficient or foreseeable to recognize or have a risk of causing death of another person due to one’s own act, and it is not only conclusive but also so-called willful negligence (see, e.g., Supreme Court Decision 2001Do3997, Sept. 28, 2001). In a case where the defendant asserts that there was only no criminal intent of murder or assault at the time of committing the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime should be determined by comprehensively taking into account the objective circumstances such as the circumstance leading up to the crime, motive for the crime, type of deadly weapons prepared, disorder and repetition of attack, and possibility of causing death (see, e.g., Supreme Court Decision 2001Do4746, Apr. 26, 2006).