The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

A seized knife.

1. Summary of grounds for appeal;

A. The Defendant was suffering from a mental disorder at the time of the instant crime with a intellectual disability with Grade II, and was in a mental and physical state under the influence of alcohol.

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

2. Determination

A. In the lower court’s determination on the assertion of mental and physical disorder, the lower court recognized the Defendant as a mental and physical disability and recognized the statutory mitigation. It can be understood that this part of the Defendant’s assertion is to seek medical treatment and custody for the Defendant, on the grounds that the Defendant’s assertion of mental and physical disorder is stated in the Defendant’s statement of grounds of appeal that “I wish to send it to a medical treatment and custody office.” However, unless the prosecutor’s request

I understand and examine it.

According to the records, it is recognized that the defendant is receiving hospital treatment due to depression, early illness, etc. as a disabled person of Grade II of intellectual mental disorders.

However, in full view of the following facts: (a) the process and method of the instant crime, the means and method thereof; (b) the Defendant’s act before and after the instant crime; and (c) the Defendant’s act was filed by the victim immediately after the instant crime was committed; and (d) the Defendant’s criminal act was the victim’s leakage or arrested by the police officer, etc., which can be recognized by the evidence duly adopted and investigated by the lower court; and (b) the Defendant cannot be deemed to have reached a state of mental disorder beyond the state of mental and physical disability as recognized by the lower court at the

Therefore, we cannot accept this part of the defendant's assertion.

B. The Defendant’s judgment on the assertion of unfair sentencing, due to violent crimes, etc., committed an injury to the victim of a knife, which is a dangerous object, by serving a prison term of imprisonment and releasing from the prison.