The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Regarding the crime of attempted murder of this case, the Defendant did not have the intent to murder the victim.

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

2. Determination

A. Facts 1) The criminal intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to his own act, and its recognition or prediction is not definite, but it is so-called dolusence even if it is uncertain. In a case where the defendant did not have the criminal intent of murder at the time of committing the crime, and only he was aware of the criminal intent of bodily injury or assault, whether the defendant was guilty of murder at the time of committing the crime or not 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, type and method of the crime, degree of repetition and repetition of attack, and possibility of causing death, etc. (see Supreme Court Decision 2008Do9867, Feb. 26, 2009, etc.). According to the evidence adopted by the court below, it is difficult for the defendant to find out the victim's attempted murder at the time of committing the crime, and even before committing the crime, it appears to be found to exist.