A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

As to the judgment of the first instance, the defendant appealed against the conviction portion on the grounds of mistake of facts and unreasonable sentencing, and the prosecutor did not appeal.

Thus, since the public prosecutor's dismissal part of the judgment of the court of first instance in this case is separated from the prosecutor's appeal, it is limited to the conviction part of the judgment of the court of first instance.

2. Summary of grounds for appeal;

A. The Defendant had no intention to kill the victim.

B. The sentence imposed by the first instance court of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the defendant argued to the same effect as the grounds for appeal in the first instance court, and the first instance court rejected the defendant's above assertion on the grounds of detailed reasons as stated in its reasoning. According to the records, the fact-finding and decision of the first instance court is justified.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, there is an unfavorable element of sentencing, such as the following: (a) the Defendant had a dispute with the related party who was dead, attempted to murder the victim with knife on the road, chest and chin; (b) the crime of this case was defective; and (c) the victim was an open top part of the chest part; and (d) the above top part was not weak.

However, the Defendant, while drinking alcohol at the time, appears to have committed the instant crime by contingently entering the victim and the F suspected of salving the victim into the house, and the Defendant committed the instant crime, committed the Defendant’s attempted crime, and salvating the victim into the breast, but recovered without any damage such as long-term.