The defendant's appeal is dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Summary of Grounds for Appeal

The defendant and the requester for medical treatment and custody against mistake of facts (hereinafter referred to as the "defendant") carried a knife with a knife to the victim at the time of committing an attempted murder, but the victim was placed in a knife with a knife in the body fighting with the victim and did not have the intention of murder.

Nevertheless, the lower court found the Defendant guilty of attempted murder.

The defendant was under the influence of alcohol at the time of committing the crime of attempted murder, and was in the state of mental disability or mental disability.

The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

As to the assertion of misunderstanding the facts, the intent of murder does not necessarily require the intention of murdering or planned murder. 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 recognition or prediction is not only conclusive but also conclusive but also it is so-called dolusent intent. The issue of whether the defendant was guilty of murder at the time of committing the crime shall be determined by comprehensively taking into account the objective circumstances before and after the commission of the crime, such as the background leading up to the crime, motive for the crime, method of determining the existence of a deadly weapon prepared, the part and repetition of the attack, the possibility of causing the death, etc.

(see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). The Defendant asserted that there was no intention to commit murder as stated in this part of the grounds for appeal in relation to the charge of attempted murder during each of the crimes of this case, and the lower court rejected the above assertion by stating in detail the judgment.

Based on the above legal principles, the judgment of the court below is just in light of the records and closely examining the above judgment of the court below, and it is alleged by the defendant.