The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who lost his mind and body or was physically and mentally weak at the time of committing the instant crime, should be exempted from punishment on the grounds that he was physically and mentally deprived or physically weak, such as being drunk and not memory at all.

B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental or physical loss or mental weakness requires that mental disorder, other than mental disorder such as mental disorder or abnormal mental condition, such mental disorder caused by such mental disorder, lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with mental disability, he/she cannot be deemed a mental disorder if he/she had normal ability to discern things and control action at the time of committing the crime (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, the fact that the defendant committed the crime of attempted murder in this case while drinking alcohol is recognized.

However, each of the following circumstances acknowledged by the above evidence, namely, the Defendant: (a) committed the instant crime by finding out the food knife in the F cafeteria while drinking alcohol at the “F cafeteria”; and (b) committed the instant crime by finding the victims “H knife” where the victims drink alcohol together with the daily behaviors; and (c) at the time when the police officer dispatched the Defendant as an offender, the Defendant died of the death.

In light of the following: (a) the Defendant was trying to kill three persons; (b) the Defendant stated that “one person was killed; (c) knife the knife in F cafeteria; and (d) the situation in which the surrounding people were flife at the bar; and (c) put to put in order to place orders is flife; and (d) the circumstances and means of the instant crime; (b) the Defendant’s behavior before and after the instant crime; (c) the Defendant’s ordinary volume before and after the instant crime; (d) the amount of drinking at the time of the instant crime