The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

excessive one sheet (No. 1) seized shall be confiscated.

Judgment on the Grounds for Appeal

A. 1) The criminal intent of murder is not necessarily recognized to have the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or predictability is not definite but it is so-called dolusence even if the defendant was not guilty of murder at the time of the crime. In dispute, whether the defendant had the criminal intent of murder at the time of the crime was committed or not, in light of the circumstances leading up to the crime, motive for the crime, type of weapon prepared for the crime, degree of recidivism, possibility of death, etc. (see Supreme Court Decision 208Do9867, Feb. 26, 2009). It is inevitable to determine that the defendant had the criminal intent of murder by taking into account the objective circumstances before and after the crime (see Supreme Court Decision 200Do9867, Feb. 26, 2009).