The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts cited a knife (hereinafter “the instant knife”) from the kitchen in a way that the victim E (hereinafter “victim”) was sicked with his name and unsicked (hereinafter “sicked”), threatening the beer’s sick, thereby threateninging the beer’s sick, and even if he did not have any intention to commit murder, the lower court found the Defendant guilty of the facts charged in the instant case, which affected the conclusion of the judgment by misunderstanding of facts.

B. In light of the legal principles, the Defendant’s crime of this case constitutes self-defense or excessive defense, since the Defendant said the knife of the instant knife between the victim and the needy person to defend him/her from the victim.

C. The lower court erred by the Defendant, while under the influence of alcohol at the time of the instant crime, was in a state of mental disorder.

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

2. Determination:

A. In the crime of murder in determining a mistake of facts, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also a so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder at the time of the crime shall 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, existence and type of the crime, method of attack, degree of the likelihood of causing death, etc.