2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the defendant was in a drunken state at the time of committing the crime in this case, it is recognized that the defendant had no ability to discern things or make decisions due to drinking at the time of committing the crime in light of the following: (a) the circumstance leading up to the crime; (b) the means and method of the crime; (c) the circumstances after the crime; and (d) the defendant, in particular, knife the knife that the defendant prepared in advance at the time of committing the crime in this case, and found it at the scene of the crime; and (d) the defendant

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

B. As to the assertion on unreasonable sentencing, the crime of this case was committed in that the defendant tried to murder the victim's head, who is a Korean national in China, in a knife, and attempted to kill the victim's head during the dispute with women's friendship, and may cause serious danger to the victim's minor life, and thus, the crime's nature is not weak.

However, the Defendant did not have any history of criminal punishment before committing the instant crime, and seems to have committed the instant crime with contingency under the influence of alcohol.

Defendant reflects his wrongness, and agreed with the victim.

The defendant has supported the parents and young children in China by raising money with construction work in Korea. When this judgment becomes final and conclusive, it seems that the defendant will be forced to leave the country as his own country under the Immigration Control Act.

In addition to these circumstances, the records of this case, including the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and circumstances after the crime.