The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Judgment on the Grounds for Appeal

A. 1) The criminal intent of murder is not necessarily recognized as having the intention of murdering or having a planned intention of murdering, and it is sufficient to recognize or have the possibility or risk of causing death of another person due to his own act, and its recognition or predictability is not definite, but it is so-called dolusive intention even if it is uncertain. In the case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of assault or bodily injury, the issue of whether the defendant had the criminal intent of murder was committed shall 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 for committing the crime, type and use of deadly weapons prepared, the part and repetition of the attack, and the possibility of causing death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

3) Examining the reasoning of the lower judgment in light of the record and the aforementioned legal doctrine, the lower court’s determination is just and acceptable, and it cannot be deemed that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the Defendant or the defense counsel. B. In light of the circumstances acknowledged by the evidence of the lower judgment, the Defendant and the defense counsel did not appear to have reached a weak level of ability or decision-making ability to discern things due to the state of satisfaction at the time of the instant crime.