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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime of mistake of facts in this case was committed by the defendant and the person who requested the attachment order (hereinafter “the defendant”) under the influence of alcohol, and the defendant did not have any willful negligence as well as the conclusive intention of murder.
B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disability.
C. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.
2. Determination on the part of the defendant's case
A. Part of the assertion for misunderstanding the facts, the intention of murder in the crime of murder does not necessarily require the purpose of murder or the planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive, so-called dolusence. In a case where the defendant asserts that there was no intention of murder at the time of the crime, whether the defendant was guilty of murder at the time of the crime shall be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, existence of a prepared deadly weapon, type, method of attack, part of attack, degree of the possibility of the occurrence of the result of death, etc.
(2) In light of the above legal principles, the Defendant is deemed to have had the intent of murder as stated in the judgment below at the time of committing the instant crime, and even if so, it is not so determined that the Defendant had the intent of murder as stated in the judgment below at the time of committing the instant crime, based on the foregoing legal principles and evidence duly adopted and examined by the court below.
Even as shown in the facts of the crime of this case, the background and contents of the crime of this case, the means and method of the crime, and damage.