The defendant's appeal is dismissed.

Of the grounds for appeal, the judgment of the court below which found the defendant guilty of attempted murder even though the defendant did not have any intention to kill the victim C, is erroneous in the misapprehension of the facts.

Judgment

The Defendant argued to the same effect in the lower court.

The court below acknowledged the fact that the defendant had a criminal intent to kill the victim with knife, on the grounds that the defendant's motive and background leading up to committing the crime, the victim's knife, etc., the size and structure of the knife for the crime, the damage caused by the victim's upper part and the degree of the damage caused by the victim, and the defendant's statement that "the defendant may kill the victim by knife" in the prosecutor's office.

The intent 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 death due to one’s own act, and its perception or predictability 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 bodily injury or assault, whether the defendant was guilty of murder at the time of committing the crime should be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to committing the crime, motive, existence of the prepared deadly weapon, type and method of attack, the part and repetition of the attack, and the possibility of the occurrence of death.

(see, e.g., Supreme Court Decisions 2006Do734, Apr. 14, 2006; 2008Do9867, Feb. 26, 2009). In full view of the evidence duly admitted and examined by the lower court, the circumstances recognized by the lower court are recognized, and the following circumstances recognized by the evidence, i.e., the Defendant, along with the victim who was the ship owner.