The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A knife knife (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor of mistake of facts, the court below found the defendant guilty of attempted special robbery of this case, but found the defendant not guilty. The judgment of the court below is erroneous in misconception of facts.

B. Although the defendant cannot be deemed to have had the weak ability to discern things or make decisions by drinking alcohol at the time of the crime of this case, the court below recognized the defendant's mental suffering from mental suffering. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

C. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the court below's determination that the defendant was not guilty of the charges for attempted special robbery of this case is acceptable, and there is no other error of law of misunderstanding of facts. Thus, the prosecutor's above assertion is without

B. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of mental disorder or misapprehension of legal principles, it may be deemed that the defendant was in a state of weak ability to discern things or make decisions by drinking at the time of the crime of this case. Thus, the prosecutor's above assertion is without merit.

C. As to the assertion of unfair sentencing, there is no direct damage to the victim’s body or other material damage, and the Defendant’s mistake is divided, etc. are favorable to the Defendant.

However, the crime of this case is committed in light of the method and risk of the crime, etc., where the defendant entered the shop operated by the victim at a low level, and without any awareness, the victim gets a deadly weapon, and threatened the victim.