The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no intention to kill the victim at the time of committing the crime.

B. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

C. The lower court’s sentencing (five years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misunderstanding of facts, the Defendant and the defense counsel asserted the same purport as the grounds for appeal in the original judgment, and the lower court rejected this part of the assertion by stating in detail the judgment under the title “determination on the Defendant and the defense counsel’s assertion”.

Examining the reasoning of the judgment of the court below in light of the records, the judgment of the court below is just, and there is no illegality of misconception of facts as alleged in the grounds for appeal.

B. According to the record as to the assertion of mental disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of committing the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

C. As to the assertion of unfair sentencing, the objective factual relations of the instant crime are generally accepted, and the defendant has no criminal record exceeding the suspended sentence, etc. are favorable to the defendant.

However, the crime of this case is one of the crimes in which the defendant prepared a knife for the crime of this case and found the victim, and the victim suffered three times or six weeks of treatment.