A. In relation to the attempted murder by mistake of facts, the judgment of the court below that recognized the defendant's intention of murder by misunderstanding the facts and affecting the conclusion of the judgment, despite the fact that the victim D had a phone call at the alcohol addiction treatment hospital and attempted to escape from the hospital for the purpose of threatening the defendant, and attempted to escape. The victim's brupted away from the hospital, and the victim was the victim's brupted during the process, and did not have any intention to murder, is erroneous.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

C. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion that there was no intention to commit murder: ① the Defendant was dissatisfied with the victim D and his children hospitalized in the hospital to treat the alcohol addiction of the Defendant; ② the Defendant committed the instant crime at 30,000 after the Defendant was discharged from the hospital; ② the Defendant committed the instant crime at the hospital; ③ the Defendant was flicked with the victim D in the knife with the knife of the victim D; ③ the excessive knife length used by the Defendant for the victim D was more than 12.5 cm, and ④ the victim D’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.