The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have any misunderstanding of the legal principles but did not have any homicide with intention to commit murder.

Nevertheless, the lower court erred by misapprehending the relevant legal doctrine, thereby convicting this part of the facts charged.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The sentence imposed by the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of the assertion of the misapprehension of the legal doctrine does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act. The recognition or predictability of the crime is not conclusive, but also an uncertain willful negligence. Whether the Defendant had the intent to murder at the time of committing the crime should be determined by comprehensively taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, types of deadly weapons prepared for the crime, and the degree of the likelihood of the occurrence of the death (see, e.g., Supreme Court Decision 200Do5590, Mar. 9, 201). In light of the above legal doctrine, the lower court’s determination lawfully adopted and duly examined and determined that the Defendant could have had the intent to murder the victim at the time of committing the crime of this case, taking into account the following circumstances acknowledged by the evidence.

① The excessive amount used to commit the instant crime constitutes a deadly weapon with a total length of 23 cm and 13 cm length, which is easy to kill and kill, and where the above over-road mixs the above part, it may cause considerable harm to the life of the victim due to long-term damage, excessive blood transfusion, etc., and in fact, the victim’s clothes are 5 cm.