The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. In fact, the Defendant was only knife a defense vehicle or a definite victim and did not have the intent to kill the victim.

B. The sentence sentenced by the lower court to the Defendant (two years and six months, etc.) is too unreasonable.

2. Determination

A. In determining the assertion of facts, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of 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 even if it is uncertain. In a case where the defendant only did not have the intent of murder at the time of committing the crime, and the defendant dispute that there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder should be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type of the crime, method of attack, degree of repetition and repetition of the prepared deadly weapons, and possibility of the occurrence of death (see Supreme Court Decision 2006Do734, Apr. 14, 2006). The court below and the court below duly adopted and examined the possibility of the occurrence of the crime in this case’s previous and subsequent knowledge or the result of the crime in this case’s act.

I seem to appear.

Therefore, it is recognized that the defendant had the intention to kill the victim at the time of committing the crime.

(1) The transition used by the Defendant leads to 21.5 cm in total length and 11 cm in length.

This is a part that could exert a fatal influence on people.