The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant erred by misapprehending the fact that the first instance court found the Defendant guilty of murder even though he was under the direction of the victim as the principal of the divorce and did not have the intent to injure the victim, and did not have the intent to kill the victim.

B. The sentence sentenced by the first instance court of unfair sentencing (15 years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, in a case where the Defendant did not have the intent of murder at the time of committing the crime, and only there was only the intent of murder or assault, whether or not the Defendant had the intent of murder at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, the existence and type of the prepared deadly weapons, the seriousness and repetition of the attack, the likelihood of the occurrence of the consequence of the death

(See Supreme Court Decision 2006Do734 Decided April 14, 2006, Supreme Court Decision 2008Do9867 Decided February 26, 2009, etc.). The following circumstances acknowledged by the Defendant’s legal statement at the trial and the evidence duly adopted and examined by the first instance court are as follows: ① the Defendant finds the victim in advance with a knife; ② the Defendant got knife with the victim’s right knife; ② the Defendant got knife with the victim’s right knife and knife with the victim’s right knife; ② the victim’s right knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.