All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant’s grounds for appeal (the fact-finding, mental and physical disability, and unreasonable sentencing) ① there was no intent to kill the victim; ② at the time of the instant crime, the Defendant was drunk and was in a state of mental and physical disability; ③ the Defendant’s punishment (one year and six months of imprisonment) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the court below on the defendant is too uneasible.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, i.e., ① the defendant was behind the victim's left shoulder and part of the victim's body, knife the victim's body, knife the victim's face and body toward the victim's face and body, etc. The defendant continued to express his will to commit the crime, such as continuing to display the knife the victim's face and body, ② the defendant was knife the important body part of the victim's body, ③ the kitchen knife of the victim's body used in attack by the defendant was 20 cm long, which may cause serious danger to another person's life, ④ The defendant's intent to commit the crime of murder at the time of the crime of this case is not justified.

B. According to the record as to the claim of mental disability, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the above assertion by the

C. Unreasonable sentencing of the Defendant and prosecutor.