A. The Defendant was physically and mentally weak at the time of committing the instant crime, with the degree of memoryless.

B. The Defendant misunderstanding of facts merely sought the victim with a knife in order to put the victim fright.

The defendant did not have the intention of murder because he did not want to knife the victim's knife and knife the knife.

(c)

The punishment sentenced by the court below (the imprisonment of three years and six months, confiscation) is too unreasonable.

2. Determination

A. The Defendant also asserted the above argument in the lower court regarding the assertion of mental and physical weakness.

In regard to this, the court below responded to the purport that ① the defendant's suspect interrogation process conducted five hours after the crime of this case made a very concrete memory of the background, means, and method of the crime of this case, while making a statement to the effect that he does not memory the victim under the influence of alcohol only due to unfavorable circumstances such as murder, etc. After the prosecutor's office and the court's statement, even though the defendant was not memory, or his behavior was committed when he was aware of his behavior, it seems that he could not be memory after the crime of this case, due to temporary loss of memory. ② Although the alcohol volume of the defendant's breath before the crime was deemed to exceed the alcohol level, it is difficult to see that he was under the influence of alcohol to the extent of mental and physical weakness only on the basis of alcohol, and ③ the defendant could have sufficiently predicted that the defendant could have been under the influence of alcohol because he had expressed considerable violence to the victim and had been well aware of it at the time of the crime of this case.