The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized knife (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability or mental disability.

B. The lower court’s imprisonment (two years and six months of imprisonment, confiscation) against the Defendant is too unreasonable.

2. Determination

A. According to the record of determination on the claim of mental suffering from mental suffering, in light of the Defendant’s average fluorial weight, the background leading up to the crime, the means and methods of the crime, and the circumstances after the crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in this case.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The instant crime of determining unfair sentencing is excessive to the victim to whom a trial expense was attached and another case is found, and the nature of the crime is very bad, and the victim suffered serious injury, and the fact that the Defendant had the same criminal record is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and against the mistake, the defendant deposited 7 million won for the victim, and deposited 6 million won for the first time in the trial, and the defendant's father L paid 5 million won to the hospital where the victim was treated by subrogation and paid the medical expenses in full, and there is no criminal conviction exceeding the fine, and there is no family member to support.

In addition, the defendant's age, character and conduct, the environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [the decision of types] of violent crimes in category 1 (Special Bodily Injury Bodily Injury Bodily Injury) (Special Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury Bodily Injury