The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability due to mental illness, such as alcohol dementia, which was suffering from existing illness at the time of the instant crime.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence submitted by the Defendant as to the allegation of mental or physical disability, the Defendant was hospitalized at a medical corporation Gyeyang Hospital from January 10, 2009 to January 19, 2009. However, there is no objective evidence to ascertain the Defendant’s specific name of illness, treatment details, drug taking-out status, etc. during and after the aforementioned hospitalization period. In light of the background leading up to the instant crime, the method and method of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., the Defendant did not have the ability to discern things or make decisions due to mental or physical illness at the time of the instant crime.

It does not seem to be in a state or weak.

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

B. Although the crime of this case on the assertion of unfair sentencing was committed under the circumstances such as the Defendant’s knife the victim E, who found the Defendant’s house due to noise between the knife, which is a deadly weapon, and the Defendant’s age, character, environment, family relationship, motive, means and means of the crime, including the Defendant’s age, character and behavior, family relationship, family relationship, and the motive, means and means of the crime, in light of the background, method and contents of the crime, etc., and the victim did not agree with the victims up to the trial. However, the Defendant’s act of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) was committed during the attempted crime, and was committed in violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) was committed.