The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant (defluence of facts and misapprehension of legal principles) did not have the intent to kill the victim. 2) The Defendant’s act in this case constitutes self-defense because it was inevitably committed against the victim’s intent to kill the Defendant.

3) At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental and physical disability. B. The prosecutor (unfairness) sentenced the Defendant to imprisonment with prison labor (three years and six months, and confiscation) by the lower court, is deemed unreasonable.

2. Determination

A. As to the Defendant’s assertion of denial of intention, the intention of murder is not necessarily required to be the purpose of murder or planned murder, but is sufficient if it is predicted and used that there is a risk of causing another person’s death due to his/her own act, and its subjective prediction, etc. is not only definite but also definite, and even if it is not definite, the intent of murder can be acknowledged as willful negligence.

(see, e.g., Supreme Court Decisions 2002Do995, Jun. 24, 2004; 201Do12927, Dec. 22, 2011). The evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant had committed a knife with the victim with a conclusive intent to kill the victim, as stated in the facts charged, at the time of the instant case.

However, according to the evidence duly adopted and examined by the court below, the defendant has a knife (18.5cm in knife length, 30cm in total length) of the part of the victim's right at the time of this case, and the defendant's act occurred not only due to the defendant's act, but also due to the defendant's act, the defendant's act of the defendant's act, and the defendant's act, such as tear and tear. Thus, considering the above facts and the size of the knife used for the crime of this case, and the part and degree of the defendant's knife in knife in knife in knife in knife.