The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no intention to kill the victim at the time of committing the instant crime.

Nevertheless, the court below convicted the defendant of the attempted murder, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (4 years of imprisonment) is too unreasonable.

2. Determination:

A. The intention of murdering as to the assertion of misunderstanding of facts is not necessarily deemed to have the purpose of murder or the intention of planned murder, but is likely to cause the death of another person due to his/her own act, such as his/her assault, or if he/she knew or predicted that there was an intentional murder.

may be filed.

In a case where the Defendant asserted that there was no murder intent at the time of committing the crime, and only the Defendant was only the intentional murder or assault committed, the determination should be made by taking full account of the objective circumstances before and after committing the crime, including the background leading up to the crime, motive for the crime, the type of deadly weapons prepared, the force and repetition of the attack, the likelihood of the occurrence of the death, the possibility of the occurrence of the consequence of the crime, and the existence of the act of avoidance after committing the crime (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015). Based on the foregoing legal doctrine, comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be recognized that the Defendant had reached the victim knife with the intent to murder at the time of the crime.

Therefore, the defendant's above assertion is without merit.

① The food blade used in committing the instant crime is a dangerous lethal weapon with which a person may be killed or injured according to the method of use, at least 27 cm in total length, 17 cm in length.

(2) The defendant tried to get the knife knife of the victim's timber and chest part above, but the victim is getting out of the knife.