The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. As the Defendant who attempted to discontinue the instant crime has ceased to commit the instant crime with his intent to commit it, it constitutes an attempted crime to be discontinued.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

(c)

It is unfair that the sentence of the court below (4 years of imprisonment with prison labor) against the illegal defendant is too unreasonable.

2. Determination

A. With respect to the assertion of attempted suspension, if the suspension was not caused by the circumstance that the act of commission of a crime was suspended at one’s own free will before the crime is completed, it constitutes an attempted suspension (see, e.g., Supreme Court Decisions 93Do1851, Oct. 12, 1993; 97Do957, Jun. 13, 1997). According to the evidence duly adopted by the court below, the court below, based on the evidence duly adopted by the court below, ① the defendant was willing to kill the victim for an unforeseen reason, and the victim was seriously injured, and the defendant was requested to find G where the crew of the victim was deprived of the victim without doing any further harm, and ② the defendant was unable to take advantage of the victim’s knife and the defendant’s remaining knife at the time of the victim’s assault, and thus, it was impossible to prevent additional injury due to the victim’s knife and the defendant’s remaining knife.

Since it is reasonable to see that it constitutes an attempted suspension.

Therefore, the defendant's assertion pointing this out is with merit.

B. According to the record on the assertion of mental and physical weakness, the Defendant committed the instant crime.