The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant may recognize the fact of drinking at the time of the crime of this case, but in light of the circumstances leading up to the crime of this case, the defendant's act before and after the crime of this case, and the defendant's statement attitude as to the situation at the time of the crime of this case, it is deemed that the defendant was under the influence of alcohol and lacks the ability to discern things or make decisions. Thus, the defendant

B. The Defendant’s recognition of and reflects on the instant crime, and the fact that the instant crime was induced due to the victim’s excessive speech and behavior is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The defendant has assaulted the victim by possessing a kitchen knife in advance the dangerous things, and there is a high possibility of criticism in light of the method of crime.

The Defendant, even after the kitchen knife in F and G, had been reinciled with the kitchen knife and reincted with the victim, was unable to receive the use from the victim.

In addition, in full view of the circumstances after the crime was committed, the age, character and conduct, environment, etc. of the defendant, and various sentencing conditions shown in the records and arguments, even if considering the circumstances favorable to the defendant, the sentence of the court below is too unlimited and it is not recognized that the defendant's assertion of unfair sentencing is unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.