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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, while under the influence of alcohol at the time of the instant case, committed the instant crime under the influence of alcohol and thus, committed the instant crime, which was not punished or should be mitigated. However, the lower court erred by misapprehending the legal doctrine.
B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant did not have the ability to discern things or make decisions, although the defendant seems to drink at the time of committing the crime in this case.
It cannot be seen that it has come to a weak or weak state.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, there are favorable factors for sentencing, such as the Defendant’s recognition of the instant crime and the attitude against his own will, the current age of 70 years, the fact that the instant crime was committed on a contingent basis under the influence of alcohol, and the fact that the instant murder crime was committed on an attempted crime.
However, in light of the fact that the Defendant attempted to murder the victim's timber, fage, cage, etc. at several times in their knife, and that the method is very dangerous and serious to the victim, the Defendant committed the crime in this case, and that there was a record of punishment of 16 times in total, such as one time of punishment by violence, three times of suspended execution, etc., and in particular, on February 19, 2013, the Defendant was sentenced to a fine of 2 million won for the crime of injury, which stated that "the victim (the same victim as this case)" was sentenced to a fine of 4 weeks in the Changwon District Court branch on July 10, 2013, and that "the defendant taken the face of the victim in the atmosphere of dangerous objects" from the Changwon District Court branch on July 10, 2013 to the same victim (the same victim as this case).