The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, committed the instant crime under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the defendant's drinking at the time of the crime of this case is recognized.

However, the defendant, after committing a crime in order to conceal the fact that knife the victim, moved the victim to the taxi hospital immediately after the crime was committed, the defendant was the knife of the victim to the taxi driver.

In addition, the evidence record 97 pages, 157 Myeon Hospital was trying to take place at the hospital, and the victim was prudented.

The term "" refers to the following.

On the face of 18-19, the defendant transferred the victim to the medical staff, and reported the police officer called out after receiving a report from the medical staff out of the hospital, while having sexual intercourse, but did not have much.

In light of the Defendant’s act committed after the crime of this case and all the circumstances revealed in the argument of this case, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of determining the illegality of sentencing is that the Defendant tried to kill the victim with the kitchen knife (20.5m in the knife length) while drinking together with the victim, but failed to do so.

The crime of this case did not lead to the result of the victim's death even after the attempted crime was committed.

The defendant appears not to have the intention to kill the victim in a planned manner, and it seems that a dispute has occurred with the victim who had sexual intercourse with him/her.