All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal is as follows: (a) misunderstanding the facts of the Defendant and the legal principles, the Defendant was only the victim, but did not have the intention of murder.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below (unfair sentencing) is too unfortunate and unfair.

Judgment

The criminal intent of murder does not necessarily require the intention of murder or planned murder in the relevant legal principles as to the defendant's assertion of misunderstanding the facts and legal principles. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to his own act, and its recognition or prediction is not definite, but it is so-called dolusent intentional negligence even if it is uncertain. In a case where the defendant argues that there was no criminal intent of murder at the time of committing the crime, and only was only the criminal intent of murder or assault, whether or not the defendant had the criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after the crime, such as the circumstances leading up to the crime, motive, type of crime, the nature and repetition of the crime, the probability of the occurrence of the crime, the existence of the result of the crime, and the existence of the result of the crime after the crime (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006).

The decision was determined.

The specific reasons are as follows.

The defendant takes the kitchen with the victim in such a way that the victim can drink with the victim, take the kitchen knife in the lower knife, and the victim "packers this knife" shall be discarded.

"At the end, the victim has reached a knife with the face of the victim at the lower level."

In the face, important institutions of the body are gathered, and the above is brain of a person, and the kitchen face is taken by the kitchen.