The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized knife (No. 1) shall be confiscated.

1. Summary of the grounds for appeal 1) The Defendant was physically and mentally weak at the time of committing the instant crime.

2) The sentence sentenced by the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination 1) According to the evidence duly adopted and examined by the lower court as to the assertion of mental and physical weakness, the Defendant may be found to have drinking at the time of the instant crime. However, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, circumstances after the instant crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to mental and physical disorder at the time.

Therefore, the defendant's mental and physical weak argument is without merit.

2) The following points for determining the unfair argument of sentencing are the circumstances unfavorable to the Defendant.

The defendant, who did not have a common sense, did not go against the victim who did not resist any resistance, used violence against the victim who did not resist any resistance, and the conduct of the victim or the victim committed excessive violence to suppress the victim's intent to oppose the defendant to commit the crime.

On the other hand, the following facts are favorable.

The Defendant committed the instant crime in contingency under the influence of alcohol.

The defendant seems to have never had any intention to inflict an injury on the victim or his/her behavior by deeming that he/she escaped immediately after he/she had kept excessive distance from the victim (the investigation record 16, 18, 25, 44 pages). The suspension of execution on November 1, 1984, a fine of KRW 300,000,000,000, and a fine of KRW 300,000,000,000,000 around October 2005, but there was no history of criminal punishment for about 10 years thereafter.

The defendant's mistake is divided and reflected.

The defendant is bound to live alone without family and there is no person to attempt to reach an agreement on behalf of the defendant until now.