The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Each item seized (Evidence No. 1) and one excessive increase.

1. We examine the grounds for appeal in light of the summary of the grounds for appeal filed within the deadline for submitting the grounds for appeal on June 19, 2013, and the summary of pleadings filed by a defense counsel after the first trial date after the first trial date. A.

At the time of committing the murder in misunderstanding of facts, the Defendant did not have the intention of murder, and only the degree of the injury was the only crime.

In addition, the fact that the defendant followed the victim I's head together with G, or that G was severely at the victim's price, and the defendant was not at the level of the victim's death.

B. At the time of committing the instant murder with mental disability, the Defendant was under the influence of alcohol, as well as was in a state of lacking the ability to discern things or make decisions due to uneasiness and depression disorder.

C. The sentence imposed by the lower court (12 years of imprisonment) is too unreasonable.

2. Determination

A. 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 causing death of another person due to his own act, and its recognition or prediction is not only definite but also definite. In a case where the defendant argues that there was no criminal intent of murder or assault at the time of the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder shall be determined by taking into account the objective circumstances before and after the crime (see, e.g., Supreme Court Decisions 201Do6425, Feb. 8, 2002; 2001Do6425, Apr. 24, 2006).