The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the victim gets knife at the time of the instant case and died together with the victim.

In the process of dispute over the knife of the knife, the defendant was involved in the knife of the knife of the knife of the knife.

Therefore, the defendant can only be recognized as committing murder, but it cannot be recognized as committing murder.

B. The sentence of the lower court’s unfair sentencing (12 years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, this part of the Defendant’s assertion is a new assertion on May 24, 2017 at the first trial date after the lapse of the period for filing the appeal, and is not a legitimate ground for appeal.

In addition, even if ex officio examination is conducted, the defendant's above assertion is without merit.

The intent of murder in the crime of murder does not necessarily require the intention of murdering or planned, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its perception or prediction is not only conclusive but also it is so-called willful negligence (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant at the time of the instant case can be recognized as having had the intention of murder.

(1) The defendant has reached three times a part of the victim's neck, which is over a length of 13cc by day.

It is true that anyone can die in a kniff with a knife, and in particular, the defendant was detained by knife on November 12, 2016, and was released on December 21, 2016 by a suspended sentence of imprisonment on December 21, 2016. In the course of the investigation and trial of the case, the knife's knife is knife.