The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

In light of the criminal history of the defendant, the period and relationship known to the victim with the mistake of facts, the criminal tool and the frequency of the crime that is merely an excessive use at ordinary times, the details of the defendant's speech to the victim at the time, the lack of obvious motive for the murder, etc., there was no intention to murder against the defendant.

A mentally ill-minded defendant was drunk at the time of committing the instant crime and was in a state of mental disability.

Punishments imposed by the court below on the defendant (two years of imprisonment and fine of 300,000 won) are too unreasonable.

Judgment

A. As to the assertion of misunderstanding of facts and mental disability, the court below rejected the above assertion by stating in detail the defendant's assertion under the title "a judgment on the defendant and his defense counsel's assertion" in the judgment of the court below, and in light of the evidence and legal principles duly adopted and investigated by the court below, the judgment below is just and acceptable. The above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, the crime of this case was committed by the Defendant’s attempt to write and keep the victim’s clothes, which are the important parts of the body in knife, and thus, in light of the means and methods thereof, there was a high possibility of criticism in light of the said means and methods, and the victim’s wife with a large volume of 3 cm and 6 to 7 cm in depth, thereby causing a high risk of causing harm to his/her life. In light of the above, the crime of this case is not less complicated.

However, the facts of the defendant are generally recognized and the mistake is against the defendant, the deposit of 15 million won for the victim in the first instance court, which was agreed with the victim, the victim's wife was the first instance court, the victim was the defendant's wife, the defendant did not have the same criminal record and has no criminal record except 3 times a fine, and the defendant's age, family relationship is the other.