The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The excessive one kitchen (No. 1), the kitchen, which has been seized.

1. Summary of grounds for appeal;

A. The Defendant, as a Chinese citizen, told the victim to be involved in human trafficking. Since the victim directly heard intimidation and humiliations from the victim, the victim purchased excessive points of credit and possessed it and found the victim's house. The victim was found guilty of the crime of this case by misunderstanding the facts, despite the fact that the victim did not have the intent of murder at the time of committing the crime of this case, he was found guilty of the crime of this case by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (the imprisonment for a period of five years, excessive kitchens, and each confiscation of kitchen knife) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of misunderstanding of facts does not necessarily require the intention of murder or planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one's own act, and its recognition or prediction is not definite, but it is so-called willful negligence. In a case where the defendant contests that the defendant had no criminal intent of murder at the time of committing the crime, and only he was guilty of bodily injury or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime is bound to be determined by considering the objective circumstances before and after committing the crime (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 206).