The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Even though the defendant did not have had the intention to murder at the time of committing a misunderstanding of facts, the court below convicted him of the facts charged in this case.

The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.

The sentence of imprisonment (four years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

Judgment

In light of the evidence duly admitted and investigated by the court below, such as the victim's testimony in the court of first instance (not knife in the knife, but knife in the knife) of the victim's argument of misunderstanding of facts, a thorough examination of the facts by the court of first instance, such as the victim's testimony in the court of first instance, is fully acceptable, and there is no violation of law of misunderstanding of facts as claimed by the defendant.

According to the records of the judgment on the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances indicated in the records, such as the background of the crime and the behavior of the defendant before and after the crime, it does not seem that he had the ability to discern things, lost the ability to make a decision, or reached the state where such ability has been weak.

This part of the defendant's assertion is not accepted.

In light of the criminal defendant's judgment on the assertion of unfair sentencing, the defendant deposited KRW 5 million in order to recover damage, but the nature and circumstances of the crime, such as murdering the victim's chest during the suspension period, and attempted to murder the victim's chest, did not reach an agreement with the victim, and all the sentencing conditions stated in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are considered as inappropriate.