The defendant's appeal is dismissed.

1. The sentencing of the court below (three years of imprisonment) is too unreasonable.

2. In the event that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to the mental retardation of the longitude, there are grounds for favorable consideration in sentencing, such as the fact that the Defendant committed the instant crime, the recognition of the crime and the mistake, and the fact that there is no past record of criminal punishment other than once a fine, etc.

However, in full view of all the circumstances, such as the fact that the Defendant’s crime of this case was brought about by the victim and the noise problem, and the Defendant sought to murder with knife and tried to do so, and that the case was serious to display a knife against the police officer called upon receiving the report. The lower court appears to have set a sentence in consideration of the fact that the Defendant had already been in the state of mental and physical disability at the time of committing the instant crime, and that the victim did not take any measures to recover any damage until now, the lower court’s sentencing within the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee is not deemed unfair because it is too unreasonable in this case where there is no change of circumstances following the sentence of the lower judgment.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.