The judgment of the court below is reversed.

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

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the fact that the Defendant was only the intentional injury of the victimized person, but did not have the intent to murder, the lower court found the Defendant guilty of the instant facts charged.

2) The sentence (principal sentence: 3 years of imprisonment) sentenced by the lower court to the Defendant is too unreasonable.

B. A prosecutor 1) Although the Defendant was not in a mental and physical state at the time of committing the instant crime, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby reducing the Defendant’s mental and physical weakness.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, (i) the means of the instant crime is excessively high risk of infringing the Defendant’s life; and (ii) the victim’s bodily injury (in particular, on the left chest) is high risk of infringing the Defendant’s life, the lower court committed murdering on the part of the Defendant.

In view of the facts charged in the instant case, it is justifiable to find the Defendant guilty.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the evidence (in particular, notice of the result of mental appraisal) duly adopted and examined by the lower court as to the prosecutor’s assertion of misunderstanding the facts, the lower court is justifiable to have mitigated the Defendant’s mental and physical weakness, since it is recognized that the Defendant was in a mental and physical weakness state with a drop in the capacity to discern and make decisions at the time of the instant

Therefore, this part of the prosecutor's argument is without merit.

(c)

As to the wrongful argument of sentencing by the defendant and the prosecutor, the fact that the crime of this case is extremely poor in terms of motive, method, etc. is disadvantageous to the defendant.

However, the defendant committed the crime of this case under the mental and physical weakness.