The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no intention to murder the victim C by mistake of fact.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too heavy.

2. Judgment on the assertion of mistake of facts

A. The intent of murder does not necessarily require the intention of murdering or planned, but it is sufficient to recognize or anticipate the possibility or risk of causing death to another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive. In the event the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder at the time of committing the crime, the issue of whether the defendant was guilty of murder shall be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, existence of a deadly weapon prepared, type and method of the crime, the part and repetition of the attack, and the possibility of causing death (see Supreme Court Decision 2008Do9867, Feb. 26, 2009). (b) The defendant argued that the above facts were erroneous and the judgment of the court below was rejected in light of the above legal principles.

원심이 든 그와 같은 사정들에 다가 원심 및 당 심이 채택조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 피고인이 소지한 칼에 대해 피고인은 호박을 써는 칼로 어머니를 위해 샀다고

One of the arguments is that, if you look at the 7th page of the evidence record, it does not seem to be the knife of such purpose, and ② the Defendant purchased the knife from the date of the instant investigation to the mother before about two months from the date of the instant investigation to the knife, and put the R in Seoul for two months.