The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

1. Summary of grounds for appeal;

A. Although the defendant and the requester for medical treatment and custody (hereinafter only referred to as the "defendant") did not have the intention of murder, the first instance court recognized it and found the defendant guilty of attempted murder as stated in its decision, thereby affecting the conclusion of the judgment in misunderstanding of facts.

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

C. 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.

2. Determination:

A. Regarding the assertion of mistake of facts, the first instance court acknowledged the following circumstances, which are: ① the kitchen knife of the crime of this case, the kitchen knife with the length of 19cc, corresponds to dangerous articles that can kill or injure people; ② the defendant, with the kitchen knife with the above kitchen knife, has a depth of 6 to 7 cm with the victim's life fnife with the inter-face (in the vicinity of the oil organization). The defendant could have died due to mass transfusion, and the body knife with the kitchen knife was damaged by the essential institution of the life or high risk of death due to excessive transfusion, and ③ the defendant could have sufficiently predicted that there was a danger of death due to an intentional act of the victim, and even if the defendant was aware of the possibility of the death of the victim with the kitchen knife's knife's knife's knife or his knife's k.