All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant had no intention to commit murder at the time of committing the instant crime.

Nevertheless, there is a criminal intent to commit murder against the defendant.

In light of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the intent of murder in the relevant legal doctrine is not necessarily deemed to have 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 it is so-called willful 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 there was only the criminal intent of murder or assault, whether the Defendant was guilty of murder at the time of committing the crime should be determined by taking into account the following objective circumstances before and after committing the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009);