The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized kitchen shall be confiscated by one kitchen (No. 1).

1. Summary of grounds for appeal;

A. At the time of mistake of facts, etc., three victims, including the victim, etc. assaulted the defendant first, and the defendant purchased a knife to threaten the victim, etc. coming from the defendant while escapeing. The defendant was faced with the victim, etc. who followed the defendant, and the knife the knife the knife to defend the victim, and did not intend to kill the victims.

Nevertheless, the lower court determined that the Defendant had the intent to murder at the time. In so doing, the lower court erred by misapprehending the legal doctrine on the intention to murder or by misapprehending the legal doctrine on the intention to murder.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

Nevertheless, the court below rejected the defendant's claim of mental disability. The court below erred by misunderstanding the defendant's mental and physical condition at the time of the crime of this case or by misunderstanding the legal principles on mental and physical disability as stipulated in Article 10 (2) of the Criminal Act

C. Even if the facts charged of this case are found guilty, in view of the fact that the Defendant was breaking his wrong depth, endeavored to recover damage caused by the crime of this case, and the motive of the crime of this case, etc., the punishment imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, etc.: (i) The Defendant, in a cafeteria of the Chinese South and North Korean Pungsa, was in dispute with the victims and F who were in combination with his female-friendly C, and the above C, and was in dispute due to C’s trouble, he left the site at the top of C.