A defendant shall be punished by imprisonment for four years.

A knife knife knife knife knife knife knife 1.

A. A. The Defendant was under the influence of alcohol at the time of committing the crime, and was in a state of mental disorder due to the side effects of impunified drugs.

B. The lower court’s sentencing (five years of imprisonment, confiscation) is too unreasonable.

2. Determination as to the claim of mental disability

A. The judgment of the court below also rejected the defendant's assertion of mental retardation, on the ground that it was not judged that the defendant had a state of mental retardation in consideration of all the circumstances before and after the crime although the defendant was found that he had drinking to a certain extent at the time of the crime.

B. According to the records of the trial of the political party, the following facts are as follows: ① the Defendant has a considerable drinking on the preceding day of the case, and the Defendant seems to have fluencing snow on the day of the case (G court statement, trial record 253-254 pages); ② the Defendant also accepted the Defendant’s answer as inaccurate (influence 36 pages) without properly responding to the police investigation immediately after the occurrence of the case; ③ the victim also stated that the immediately preceding Defendant has drawing about four weeks of liquor at the restaurant under the influence of alcohol or smoking in the inside of the house (influence 52 pages of investigation record); ④ the Defendant was flucing fighting at the front restaurant, and was flucing the victim with abnormal behavior, such as an attack on the part of the Defendant, and the Defendant had an attack on the part of the victim, and the victim had an attack on the part of the victim, and the victim was found to have an attack on the part of the victim.