All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant had no intention to kill the victim.

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The criminal intent of murdering as to the Defendant’s assertion of misunderstanding of the facts does not necessarily require the intention of murdering or planned, and it is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to his own act, and its recognition or prediction is not only conclusive but also definite. 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 that there was only the criminal intent of murder, whether the Defendant was a criminal intent of murder at the time of committing the crime or not should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and method of the crime, degree of repetition and repetition of the prepared deadly weapons, and possibility of causing death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). Thus, the Defendant’s assertion that there was a risk of death or death could not be sufficiently predicted by the evidence duly adopted or investigated by the lower court.

(1) The transition used by the defendant is about 11cm in length of the knives, about 21cm in length, and thereby constitutes a deadly weapon which may cause damage to the human body if it is a knives.

② The Defendant came to knife the knife of the victim of this case, and knife the knife.