The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1) seized shall be confiscated.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are the victim's words "packer will knife knife knife knife and knife knife knife knife at the time of the crime of this case." When the victim had a mind again, the victim knife knife knife and flow out on the bridge.

피고인이 피해자를 살해할 이유도 없고, 피해자를 칼로 찌른 적이 없으며, 단지 피해자가 칼을 쥔 피고인을 순간적으로 힘껏 잡아당기거나 껴안는 행위로 칼에 찔렸거나 자해한 것이어서, 피고인은 무죄이거나, 과실치사죄의 죄책만을 질 뿐이다.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant, at the time of committing the instant crime, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning mental disorder or mental retardation.

C. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. (i) The evidence duly adopted and examined by the court below as to whether the defendant reached knife with the victim, and in particular, the fact-finding statement (section 122 of the trial record) prepared by K by K doctor of the autopsy, the knife is not run in the knife, the knife was carried out in the inner part of the body, and the knife was not damaged in the body part of the chest, in addition to the knife and the knife of the chest, the opinion is not consistent with the opinion of his own initiative that is viewed in the case of suicide.