The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which recognized the intention of murdering the victim merely because the defendant tried to threaten the victim in knife and did not have the intention to kill the victim was erroneous.

B. The lower court’s imprisonment (three years of imprisonment, confiscation) is too unreasonable.

[Defendant stated in the grounds of appeal that the instant crime was committed in a state of mental disorder under the influence of alcohol, but withdrawn on the first trial date of the trial of the first instance.]

2. Determination

A. Although the court below also argued the same contents in the judgment of the court below as to the assertion of mistake, the court below rejected the judgment in detail under the title of "the judgment of the defendant and his defense counsel" (Articles 3 through 4 of the judgment of the court below). In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and therefore, this part of the defendant's assertion is without merit

B. In full view of the circumstances mentioned by the lower court in the “decision on the sentence” (section 5 of the lower court’s judgment) and various sentencing conditions indicated in the instant argument, the lower court’s punishment is too unreasonable and inappropriate. Therefore, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.