The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

10 1 knife knife knife

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years of imprisonment, confiscation (Evidence 1)) is too unreasonable for the defendant and the person whom the attachment order was requested (hereinafter referred to as the "defendant").

B. Prosecutor 1) The case of the Defendant in the instant case (e.g., the case itself is serious, and the Defendant has no reason to reduce punishment by applying a mental and physical disability, etc., and thus, the punishment (Evidence 1) imposed by the lower court against the Defendant is too unfasible and unfair. 2) In light of the criminal records of the Defendant in the instant attachment order case, the background of the instant crime, the Defendant’s violent tendency, and social relation, etc., it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, even though there is a high probability that the Defendant

2. In determining a sentence against the Defendant, the lower court determined that the Defendant was in a state of mental or physical disability due to excessive drinking at the time of the instant crime, and determined that the Defendant was in a state of mental or physical disability pursuant to Article 10(2) of the Criminal Act. We examine ex officio whether the Defendant was in a state of mental or physical disability at the time

A. The mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and requires a lack or decrease in the ability to discern things due to such mental disorder, other than mental disorder, such as mental disorder, mental disorder, or abnormal mental condition, as well as mental disorder.

(See Supreme Court Decision 2005Do7342 Decided December 9, 2005, Supreme Court Decision 92Do1425 Decided August 18, 1992, etc.). B.

According to the evidence duly admitted and investigated by the court below, the defendant may have a large amount of alcohol prior to the crime of this case. However, the defendant is extremely specific as to the circumstances and motives leading to the crime of this case while he voluntarily surrenders to the police for about two hours after the crime of this case.