The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case and did not reduce or exempt the punishment is erroneous by misunderstanding facts or by misapprehending the legal principles as follows.

① The Defendant was merely knife a knife in order to control the Defendant’s knife, and the victim was injured by the knife that the Defendant was knife in the process of suppressing the Defendant.

Since the Defendant did not have the intention of murder, the crime of murder, not attempted murder, is established.

(2) The defendant was out of the victim, and voluntarily interrupted the victim's face with a spirit of this moment and did not result in the result of the victim's death.

Although this constitutes an attempted abandonment of the necessary reduction or exemption of the statutory penalty, the lower court did not reduce or exempt the punishment by deeming it an attempted disability.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. Determination on the assertion that there was no intention to commit murder 1) The relevant legal doctrine does not necessarily require the intention of murder or planned murder, and if the Defendant knew or predicted that there was a possibility or risk of causing death of another person due to his/her own act, such as his/her own assault, etc. In cases where the Defendant did not have the intention to commit murder at the time of committing the crime, and only there was only the intent of murder or assault. In such a case, whether the Defendant had the intention to commit murder at the time of committing the crime, the determination should be made by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, the motive for committing the crime, the existence and type of the prepared deadly weapon, the degree of the occurrence of the consequence of the crime, the likelihood of the occurrence of the consequence of the crime, and the existence of the consequence of