A. (1) Defendant 1 was in a state of having no or weak ability to discern things or make decisions due to drinking at the time of committing the instant crime, and thus, the lower court did not recognize it, which erred by misapprehending the fact concerning mental disorder or mental and physical disability, thereby adversely affecting the conclusion of the judgment.

Dob. The sentence of unfair sentencing (two years and six months of imprisonment) of the lower court is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime is recognized.

However, in full view of all the circumstances, such as the background leading up to the above crime, the means and method of the crime, the criminal defendant's criminal conduct before and after the crime, and the circumstances after the crime, it is determined that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

The judgment of the court below is correct if the court below does not recognize the mental and physical disorder of the defendant, and there is no error of mistake in the judgment below

Therefore, this part of the defendant's argument is without merit.

B. The instant crime on the assertion of unfair sentencing was committed by the Defendant with a knife, which is a deadly weapon, and the victim gave a considerable amount of 7 cm or more on the left hand knife on the part of the victim. As a result, the victim gave a considerable amount of blood transfusion. However, the Defendant neglected it and eventually caused the death of the victim, and the nature of the instant crime

There is no agreement with the bereaved family of the victim.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant was sentenced to a fine of KRW 100,000 due to a violation of the Punishment of Violences, etc. Act in 1987.

The defendant is a victim.