The conviction in the judgment of the first instance court shall be reversed.

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1).

1. The first instance court’s scope of trial is dismissed among the facts charged in the instant case, and convicted the Defendant and the applicant for medical treatment and custody (hereinafter “the Defendant”) appealed on the guilty portion.

Therefore, since the first instance court's judgment dismissing public prosecution is separated and confirmed as it is, the part dismissing public prosecution is excluded from the scope of the judgment of this court.

In the end, only the conviction part belongs to the scope of the judgment of this Court.

2. Summary of grounds for appeal;

A. A. The Defendant suffered from a disease with mental illness, and was in a state of mental disorder under the influence of alcohol at the time of the instant case.

B. The sentence imposed by the first instance court of unfair sentencing (the imprisonment of three years and six months, and confiscation) is too unlimited and unfair.

3. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was deemed to have a certain degree of drinking at the time of the crime of this case, in light of various circumstances such as the background leading to the crime of this case, the means and method of the crime, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant had the weak ability to discern things or make decisions due to depression or drinking at the time of the crime of this case.

Therefore, the defendant's mental disorder cannot be accepted.

B. As to the assertion on unreasonable sentencing, the crime of this case is not easy in light of the following: (a) the Defendant attempted to murder a knife prepared in advance on the ground that the victim, who is a workplace, had an interview with another person on his own; and (b) the victim suffered serious injury to the degree that he could have lost his life.

Although it is inevitable to sentence the defendant to the crime of this case, the defendant's attempted crime of this case is committed, and the defendant's act with a knife is recognized.