The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have had intention to murder at the time of committing the instant crime. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, 1) The criminal intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted the possibility or risk of death of another person due to his own act, and its recognition or prediction is not only conclusive but also so-called dolusent intent. 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, whether or not the Defendant was guilty of murder 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 attack, and possibility of the occurrence of death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). The Defendant could lawfully adopt a knife at the same time be 20m knife or knife on the victim’s chest, which was lawfully adopted by the court of the lower judgment.