The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the defendant's intent to kill the victim is not to display knife the knife with his intent, so the defendant did not have the intention to murder, and the defendant's act of killing the victim constitutes the party's defense or excessive defense.

B. The sentence sentenced by the lower court (7 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of misunderstanding the fact does not necessarily require the intention of murdering or planned murder.

It is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one’s own act (see Supreme Court Decision 2011Do1597, Nov. 24, 201). The following circumstances can be acknowledged by the lower court and the evidence duly admitted and examined at the lower court: ① the knife used by the Defendant is a deadly weapon that may cause death if the knife is a knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife.

In light of the fact that the defendant stated, it can be sufficiently recognized that the defendant had the intention to murder.

Therefore, the defendant's assertion is not accepted.

2) In order to establish a legitimate defense of a political party or excessive defense, the legal interests infringed by an infringing act shall be the type and degree of the legal interests, the method of infringement, the level of completion of the infringing act and the defense act.