The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding and legal doctrine 1) Although there was a misunderstanding of the fact that the Defendant used a legitimate defense or excessive defense, this constitutes a legitimate defense or excessive defense as an act to defend the Defendant in the situation where the victim knifes and seeks to kill the Defendant, and the lower court did not recognize it.

2) Even though the Defendant, who had the mental and physical weakness due to drinking, committed an act in a state of mental and physical weakness having weak ability to discern things or make decisions due to drinking, the lower court erred by failing to recognize the Defendant’s mental and physical weakness.

B. The sentence sentenced by the lower court to the Defendant (4 years and six months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's assertion of excessive defense by a political party's defense or excessive defense is not a legitimate ground for appeal since the defendant's assertion of excessive defense was filed after the appeal was not timely filed.

B. A. Upon ex officio examination, the court below rejected the defendant's assertion on the defense of a political party or excessive defense at the court below's ruling for the same purpose as the above argument. The court below rejected the defendant's assertion in light of detailed circumstances at the 3 21 Myeon 21 through 5 Myeon 1 of the judgment, and examined the circumstances acknowledged by the court below in comparison with the evidence duly adopted and examined by the court below. The court below's judgment is just and there is an error of law by misunderstanding the facts or misunderstanding the legal principles concerning the determination as to the establishment of a legitimate defense or excessive defense.

subsection (b) of this section.

B. The Defendant’s assertion of mental and physical weakness also can not serve as a legitimate reason for appeal because it was filed after the lapse of the period for filing the appeal.

B. Along with ex officio review, the lower court’s commission of the crime, including the background of the crime, the method, means, and degree of assault, which can be recognized by the evidence duly adopted and investigated by the lower court.