The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the victim guilty of the facts charged in this case by recognizing the intention of murder even though the victim did not intend to kill the victim with a view to homicideing the victim, was erroneous and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

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 one’s own act, and its recognition or prediction is not definite, but it is so-called willful negligence even if it is uncertain. In a case where the defendant only did not have the criminal intent of murder at the time of committing the crime, and the defendant dispute that there was only the criminal intent of murder or assault, whether or not the defendant was guilty of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type of the crime, method of attack, degree of repetition and repetition of the prepared deadly weapons, and possibility of death (see Supreme Court Decision 2008Do9867, Feb. 26, 2009).