The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

1. Summary of grounds for appeal;

A. The Defendant did not intend to kill the victim at the time of committing the crime.

B. The sentence of unfair sentencing (12 years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. (i) As to the assertion of misunderstanding of facts or misapprehension of legal principles, the criminal intent of murder does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing another person's death due to one's own act, and its recognition or prediction is not only conclusive but also conclusive, so-called willful negligence. Whether there was a criminal intent of murder at the time of the crime is determined by comprehensively taking account of the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, method of use of deadly weapons prepared, part and repetition of attack, degree of possibility of causing death, etc.

(see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). Shelled the lower court determined as follows.

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below.

The victim(17 years old) was distorted compared to the defendant's height and weight.

At the time of committing the crime, the Defendant was in the state of fighting with the victim, and was in the state of 5-10 minutes of damage and drinking, and assaulted on several occasions such as the victim's face, chest, bucks, and so on.

As a result of the autopsy on the victim, "the cause of death of the victim" is damage to the body part of the body part of the body part of the body part of the victim (such as cerebral stroke, thalthal stroke, stalthal stroke, stalthal stroke, stalthal stroke, stroke, stroke, scoke, stroke, upper part and upper part of the victim's body part of the body part of the body part of the victim.

In particular, damage to the two sides is fatally damaged.