The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. Regarding the attempted murder of the robbery of this case by mistake of facts, there was no intention to kill the victim.

Nevertheless, the lower court rejected the Defendant’s above assertion and found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below (12 years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in its judgment on the ground that the judgment of the court below is erroneous.

Examining the circumstances as shown in the original judgment, such as the background and motive of the crime duly admitted and investigated evidence, the instrument and tool of the crime, the attack, the defendant's act before and after the attack, the degree of injury inflicted on the victim, etc., in a thorough comparison with the records, the lower court's judgment is reasonable and it is not erroneous in matters of law.

This part of the Defendant’s assertion is difficult to accept.

B. The relevant legal principles on the allegation of unfair sentencing refer to cases where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall be deemed unfair.