The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

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

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant suffered from mental and physical disability, which is one of the types of mental and physical disability at the time of committing the crime of this case, such as misunderstanding of the facts, and misunderstanding of the legal principles on mental and physical disability, and not recognizing it.

B. With respect to the instant crime, the lower court sentenced the Defendant to five years of imprisonment by recognizing all the “cruel Act on Criminal Crimes” and “victims vulnerable to criminal conduct,” among the special sentencing factors on the sentencing guidelines, and sentenced the Defendant to five years of imprisonment. In so doing, it was erroneous for the lower court to recognize the above aggravated factors on the instant crime, and the sentence that the lower court sentenced to the Defendant is too unreasonable.

2. Determination

A. In the judgment of the court below, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above argument in detail under the title of "the judgment on the defendant and his defense counsel's assertion". In comparison with the judgment of the court below, a thorough examination of the judgment of the court below can be justified, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts.

In addition, the following circumstances acknowledged by the evidence of the court below, i.e., (i) the Defendant concealed the knife knife under the knife of the Defendant committed the crime, and (ii) committed the instant crime, despite the Defendant’s assertion that there was a long-standing domestic violence from the victim at the time of the instant crime, such as the victim’s chest knife, which could have a fatal knife with the hidden knife, after the knife knife knife knife knife knife knife knife knife knife.