The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

excessive one sheet (No. 3) that has been seized shall be confiscated.

Judgment on the Grounds for Appeal

A. Compared to misunderstanding of facts or misunderstanding of legal principles (whether or not the defendant has the intention to commit murder) 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 death of another person due to his own act, and its recognition or predictability is not definite, but it is so-called willful negligence even if it is uncertain. In the event that the defendant does not have the intention of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, whether or not the defendant had the intention to commit the murder at the time of committing the crime, in light of the circumstance leading up to the crime, motive for the crime, method of attack, degree of repetition and repetition of attack, possibility of death, etc., the defendant cannot be determined by taking into account the objective circumstances before and after the crime (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). The court below acknowledged the defendant's new reason that he had the victim's intention to commit the crime.