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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court of first instance which recognized the defendant's intentional murder even though the defendant had a misunderstanding of facts that he/she was sawnd about one time for the victim, or that he/she did not intend to kill the victim, was erroneous and adversely affected the judgment.
B. The first sentence of unfair sentencing (six years of imprisonment) is too unreasonable.
2. Determination:
A. The criminal intent of murdering a mistake of facts does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive but also it is so-called willful negligence. Whether the defendant had the criminal intent to commit murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after the commission of the crime, such as the background leading up to the crime, motive for the crime, the existence and type of the prepared deadly weapon, the nature and repetition of the prepared deadly weapon, the possibility of causing the death, etc.
(See Supreme Court Decision 2008Do9867 Decided February 26, 2009, etc.). The following circumstances revealed by evidence duly adopted by the first instance court (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). In other words, when the defendant had a horse dispute with the victim, the defendant listened to the victim's words "I will complete her gender ," and boomed from the victim's "I will complete her gender .........." The defendant was faced with the victim by taking over the way of "I will complete her gender .......... ② The knife used by the defendant was 23 cm in total length, 12.5 cm in length, and very knife in length. ③ The defendant's knife part of the victim's body was damaged by the heart and the end of the victim due to the Defendant's harmful act.