All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

A. Defendant A (1) M&C did not intend to kill the victim with a knife but did not intend to kill the victim. (2) The Defendant had no intention to commit murder. (3) The Defendant had no ability to discern things or make decisions due to knife at the time of the instant crime.

3) The sentence of unfair sentencing (six years of imprisonment) by the lower court is too unreasonable. (B) Defendant B’s sentence of unfair sentencing: the lower court’s sentence (one million won of fine) is too unreasonable.

Judgment

A. As to the Defendant A’s assertion of mistake of facts, the intent of murder does not necessarily require 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 an uncertain intention. 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, the issue of whether the Defendant was guilty of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

In full view of the following circumstances acknowledged by the evidence cited by the lower court, the lower court deemed that the Defendant had sufficiently perceived or predicted the possibility or risk of causing the death of the victim due to his own act. Therefore, the Defendant at the time of the instant crime.