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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. There was no intention to commit murder against the defendant.
B. At the time of the instant crime, the Defendant was in a state of mental suffering from drinking.
C. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.
2. Determination:
A. Examining the evidence duly adopted and examined by the court below in light of the relevant legal principles as to the assertion of mistake of facts, the court below was justified in holding that the defendant had the intention to commit murder, taking into account all the circumstances such as the background of the crime of this case, the victim's injury and degree, and the circumstances after the crime of this case. In so doing, the court below did not err by misapprehending the legal principles as alleged in the grounds for appeal.
This part of the grounds for appeal is without merit.
B. Examining the relevant legal principles and records as to the claim of mental retardation, the lower court is justifiable in its judgment that it is difficult to view that the Defendant at the time of the instant crime was in a state of lacking the ability to discern things or make decisions under the influence of alcohol, and there is no error of law as alleged in the grounds for appeal.
This part of the grounds for appeal is without merit.
C. As to the assertion on unfair sentencing, the instant crime is favorable to the Defendant, in light of the following: (a) the Defendant attempted to kill the victim’s face and side knife by knife, notwithstanding the detention of the neighbors for minor reasons; (b) the nature of the crime is bad; (c) the crime of infringing on human life, which is a valuable value, should be subject to strict punishment; and (d) the same applies to attempted crimes; (c) the crime is committed during the period of probation; and (d) the scope of the recommended sentence in accordance with the sentencing guidelines set by the Sentencing Commission (2 years to April 8).