A. At the time of stopping the instant crime, the Defendant was drunk and was in a state of mental disability.

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

2. Determination

A. According to the records of mental and physical disability, even though the defendant was found to have committed the crime of this case while drinking, in light of the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, and the defendant's behavior at the time of the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking at the time of stopping the crime of this case. Thus, the defendant's argument of mental and physical disability is without merit.

B. Although the defendant's mistake is recognized in depth and thus, it is against the defendant's intention that the victim does not want the defendant's punishment at the investigation stage, and there is no criminal record subject to a suspended sentence of imprisonment. However, the defendant's crime of this case is committed in favor of the defendant. On the other hand, even though the defendant had been punished by a fine on two occasions without any particular reason, even if the defendant had been punished repeatedly against the victim without any specific reason, he saw the victim as the victim's drinking place, and he saw the victim as a trial fee in relation to the burden of the fine amount. The defendant was placed on the face of the shoulder, which is a deadly weapon in possession, adjacent to the left side of the victim's neck, which might cause fatal result. The defendant was in an appellate trial, and the defendant has purchased and used it in advance for the purpose of drinking prior to the victim's and drinking place. However, the defendant lawfully adopted and lawfully adopted the crime of this case.