A. The Defendant committed the instant crime under the lack of capacity to discern things or make decisions due to the physical and mental disorder under the influence of alcohol, and thus, committed the instant crime, there is a ground for legal reduction or exemption.

Therefore, the judgment of the court below which did not determine it is erroneous in the misapprehension of legal principles as to mental disorder.

B. In fact-finding, the Defendant: (a) was faced with a shouldered softener’s illness, and there was no enemy who inflicted an injury on the victim D; (b) the victim was on the floor of the softener’s disease; and (c) after the victim was faced with his/her hand, he/she met the part in which he/she was faced with; and (d) the victim and E’s statements that conflict with the interests of the Defendant are not reliable.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

C. In a case where the Defendant, regardless of the crime at all, carries dangerous objects at the site of the instant case, it cannot be deemed as constituting “Carrying” under Article 3(1) of the Punishment of Violences, etc. Act.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to "Carrying" under Article 3 (1) of the Punishment of Violences, etc. Act, which affected the conclusion of the judgment.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution, community service, 160 hours) of the lower court is too unreasonable.

2. Determination

A. In light of the following: (a) the Defendant did not appear to have been in a state of drinking at the time of the instant crime; (b) the Defendant did not appear to have been in a state of loss or lack of ability to distinguish things or make decisions; and (c) the Defendant’s assertion on mental and physical disorder is not acceptable.

B. As to the assertion of mistake of facts, the victim from the investigative agency to the original court.