The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, who is aware of the fact, only caused a knife with the victim, while fighting with the victim, did not intend to kill the victim.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, five years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of facts, the intent of murder in the crime of murder does not necessarily require the intention of murder or planned 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 predictability is not definite, but it is so-called willful negligence. In a case where the defendant argues that there was no criminal intent of murder at the time of the crime, and only was the criminal intent of murder or assault, whether or not the defendant was guilty of murder at the time of the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, type of the crime, the nature and repetition of the prepared deadly weapon, and the possibility of the occurrence of death (see Supreme Court Decision 2006Do734, Apr. 14, 2006). Thus, the defendant can be reasonably acknowledged as having been aware of the risk of death or that there was a danger of death by lawfully adopting or examining the evidence of the court below.

We cannot accept this part of the defendant's argument.

(1) The Defendant had telephone conversations with the victim before committing the instant crime, and the victim, who is the birth of the Defendant, is the E at the home of E.