The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to uneasiness, depression disorder, etc.

Nevertheless, the lower court erred by misapprehending this.

B. The sentence of the lower court’s unfair sentencing (eight years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the Defendant was deemed to have been subject to pharmacologic treatment from around 2008 due to unstable disorder, public depression, abuse of alcohol, etc., but in full view of the circumstances of the instant crime, the method and consequence of the instant crime recognized by the evidence duly adopted and investigated by the lower court, the circumstance after the instant crime, and the mental sentiment of the preparation of the appraisal by the Medical Care and Custody Center. In full view of the aforementioned facts alone, the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to unstable disorder at the time of the instant crime.

It is difficult to recognize it.

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

B. The Defendant tried to murder the victim, who is an old female, who does not have awareness of being injured, on the ground that the Defendant obtained water from the injured party at the victim’s house and got a little of pin fin residues.

In light of the fact that there is no reason to believe that the crime is very dangerous and that there is no reason to understand the motive of the crime, and that the crime is not good in view of the fact that there is a cruel method in the method of crime, such as cutting down the victim's timber at one time and cutting down the victim's awareness.

The victim seems to have suffered serious pain and fear in the course of committing the crime, and the defendant did not receive a letter of suspicion from the victim.

The Defendant had been sentenced several times to a violent crime even before committing the instant crime. However, the instant crime is during the period of repeated crime after the execution of imprisonment was completed.