Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) to be mistaken for the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) attempted to threaten the victim and did not have the intent to commit murder.

2) At the time of committing the instant crime, the Defendant, who was physically and mentally weak, had weak the ability to discern things or make decisions.

3) The sentence sentenced by the lower court (15 years of imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order, even if the lower court sufficiently recognizes that “the risk of recommitting murder” was “the risk of committing murder.”

2. Determination

A. Part 1 of the case concerning the defendant's assertion of homicide does not necessarily require the intention of murdering or planned murdering. 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 only conclusive but also an uncertain intentional negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and only the defendant was guilty of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime 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, motive, type and method of the crime, the nature and repetition of the attack, and the possibility of the occurrence of the death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).