The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine years.

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1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts was in possession of a knife to threaten the victim. While the victim and the victim were snife at the knife but did not have the intent to commit murder, the judgment of the court below which found the Defendant guilty of the crime of murder was erroneous and adversely affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (seven years of imprisonment) by the court below is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that: (a) the Defendant was sufficiently able to murder the Defendant at the time of committing the instant crime, taking into account the following: (b) the Defendant: (c) was in possession of a scood ice with the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife k;

In a case where the defendant alleged that he had no intention to commit murder at the time of committing the crime, whether or not the defendant had the intention to commit the crime 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 the crime, existence and type of the prepared deadly weapons, the seriousness and repetition of the attack, the possibility of the occurrence of the consequence of the death, etc.