All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for five years.

knife.

1. Summary of grounds for appeal;

A. misunderstanding of facts as to the murder by the first instance court and the violation of laws and regulations were committed by assaulting the victim in the past, and the defendant did not want to have a relationship with the victim. While attempted to talk with the victim in order to recover the relationship with the victim while drinking alcohol at the time of the instant case, the victim's attitude, disregarding himself, was knife with the victim's intention to cause confusion, and there was no intention to kill the victim.

Nevertheless, the first instance judgment which found the Defendant guilty of this part of the facts charged by deeming that the Defendant had the intention to murder was erroneous in matters of mistake and violation of law.

B. Each judgment of the court below on unreasonable sentencing (the first judgment of the court below: imprisonment with prison labor for five years and confiscation, and the second judgment of the court below: imprisonment with prison labor for six months) is too unreasonable.

2. Judgment of the court below on the misunderstanding of facts as to murder and violation of law, which are the facts charged of the first instance judgment

(a) The intention of murder does not necessarily require the purpose of murder or the intention of planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death to another person due to its own act, and its recognition or prediction is not only conclusive but also definite and dolusent intent.

In a case where the Defendant did not have the intention of murder at the time of the commission of the crime and only argued that only the Defendant had the intention of murder or assault, whether or not the Defendant had the intention of murder at the time of the commission of the crime ought to be determined by comprehensively taking account of all the circumstances before and after the commission of the crime, including the background leading up to the commission of the crime, motive, method of the commission of the crime, method of the existence and use of the prepared

(See Supreme Court Decisions 2000Do5590 Decided March 9, 2001; 2017Do21254 Decided March 29, 2018, etc. (see, e.g., Supreme Court Decisions 2000Do5590, Mar. 9, 201

According to the evidence duly adopted and examined by the first instance court.