The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have had intention to murder at the time of committing the instant crime.

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

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles regarding the assertion of homicide does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also so-called doluence. 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, whether or not the defendant was guilty of murder should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, type and method of the crime, degree of attack, degree of possibility of occurrence of death, etc. (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).