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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was trying to kill the victim in knife and did not intend to kill the victim.
B. The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.
C. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. Regarding the assertion of misunderstanding the facts, the intent of murder does not necessarily require the intention of murder or planned murder, but 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 predictability is not definite, but it is so-called willful negligence even if it is uncertain. In a case where the defendant argues that there was no criminal intent of murder at the time of committing 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 committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and method of the crime, the part and repetition of the prepared deadly weapons, the degree of the likelihood of the occurrence of the result of murder, etc.
(2) On April 14, 2006, 2006. (2) On the basis of the above legal principle, the health stand in this case based on the evidence duly adopted and investigated by the court below, i.e., the defendant committed a crime against the victim who prepared excessive measures before the crime of this case and could not find the victim any defense, i.e., the defendant committed a crime against the victim in a situation where the victim could not find the victim, i.e., the defendant prepared excessive measures before the crime of this case, ii the excessive amount used as the tool of the crime of this case as the tool of the crime of this case, i.e., the last day and the knife length is 12 cm, and the victim has deeped the above excessive amount, knif