The defendant's appeal is dismissed.

Summary of Reasons for appeal

(a) Fact-misunderstanding: a knife with the intent to threaten the victim and there was no intention to kill the victim;

B. Improper sentencing: The sentence of the lower court (five years of imprisonment) is too heavy.

Judgment

A. Fact-finding 1) The criminal intent 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 prediction is not only conclusive but also so-called dolusence. In a case where the defendant contests that there was no criminal intent of murder at the time of committing the crime, and only the defendant was guilty of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime shall be determined by considering the circumstances leading to the crime, motive, type and usage of the crime, the degree of repetition and repetition of attack, and the possibility of death, etc. (see, e.g., Supreme Court Decision 200Do9867, Feb. 26, 2009). The defendant did not have to make a decision by taking into account the objective circumstances before and after the crime (see, e.g., Supreme Court Decision 200Do9867, Feb. 26, 2009).