All appeals filed by the defendant and prosecutor are dismissed.

1. Determination on the grounds for appeal

A. (1) The summary of the prosecutor’s assertion of mistake of facts or misapprehension of legal principles is sufficiently recognized when comprehensively considering the circumstances leading to the Defendant to the instant crime, the state of appraisal of the Defendant’s victim, and the parts and frequency of the Defendant’s attacking the victim, etc. at the time of the instant crime.

On the contrary, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

(2) (A) In determining the crime of murder, the intent of murder does not necessarily require the purpose of murder or the planned intention of murder, and it is sufficient to recognize or anticipate the possibility or risk of causing another person’s death due to his own act.

The recognition or predictability is not only conclusive but also uncertain, so-called willful negligence is recognized.

In a case where the Defendant did not have the intent to commit murder at the time of committing the crime, and only there was only the intent to commit murder or assault, whether or not the Defendant had the intent to commit the crime at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, the existence, type, and method of the prepared deadly weapons, the father and repetition of the attack, the likelihood of the occurrence of the consequence

(see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). Meanwhile, the burden of proving the existence of willful negligence, which is a subjective element of the crime charged, is also the prosecutor.

The acknowledgement of guilt shall be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

Therefore, if there is no such evidence, even if there is no doubt about the defendant's guilt.