The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 merely caused the instant crime by mistake of facts, but did not have intention to murder, the judgment of the court below convicting the Defendant of the instant facts charged, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts. 2) The sentence of imprisonment (three years of imprisonment) imposed by the court below on the Defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The criminal intent of murder does not necessarily require the intention of murder or planned murder in a judgment on a mistake of the facts against the defendant. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only there 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 repetition and repetition of the prepared deadly weapons, and possibility of the occurrence of death result.

(See Supreme Court Decision 2008Do9867 Decided February 26, 2009, etc.). In light of the above legal principle, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009). In other words, the Defendant stated at an investigative agency that ① the Defendant, using the food knife as indicated in the facts constituting the crime in the judgment of the court below, 144, 200, and 200: