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Defendant
All appeals by prosecutors are dismissed.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
Reasons
1. As to the part of the defendant case
A. Summary of the Reasons for Appeal 1) In the event of the crime of mistake of facts or misapprehension of the legal principle, there was no intention to murder against the Defendant.
B) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too heavy. (2) The prosecutor’s office of unfair sentencing: the lower court’s sentence is too minor.
B. 1) With respect to the Defendant’s assertion of misunderstanding the facts or misapprehension of legal principles, the intent of murdering is not necessarily deemed to have the intention of homicide or planned murder. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive, so-called dolusive intention. In a case where the Defendant asserts that there was only no intention of murder or assault at the time of committing the crime, and that there was only the intent of murder or assault, whether or not the Defendant had the intention of committing the crime at the time of committing the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, motive for committing the crime, existence and type of the prepared deadly weapon, the part and repetition of the attack, and the possibility of causing the death, etc.
In this case, the court below asserted that the defendant did not have the intention of murder in the crime of this case, and the court below rejected the above assertion on the ground of the reasons as stated in its reasoning, compared to the evidence adopted and examined by the court below in accordance with the above legal principles, the defendant at the time of the crime of this case shall be deemed to have sufficiently recognized the possibility or risk of the victim's death due to the negligence or his own act, and thus, admitted it.