The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1 (person with mental disability, and person with mental disability) committed the instant crime under a state of mental disability with weak capacity to discern things or make decisions by under the influence of alcohol. 2) The sentence imposed by the lower court of unfair sentencing (one year and six months of imprisonment, etc.) is too unreasonable and unfair.

B. The imprisonment with prison labor declared by the lower court is too uneasible and unfair.

In addition, although evidence No. 2 (A) was an article that the defendant intended to provide to commit a crime, the court below erred by omitting the declaration of confiscation.

2. Determination

A. According to the records of the judgment on the Defendant’s claim of mental disability, the Defendant appears to have been immediately after drinking alcohol at the time of the instant crime.

However, in full view of the following circumstances: (a) the process and method of the instant crime, the Defendant’s act at the time of the instant crime, and the circumstances immediately after the instant crime, which were duly adopted and examined by the lower court, cannot be deemed to have led to the low risk of distinguishing things or making decisions.

Therefore, the defendant's claim of mental disability cannot be accepted.

B. The Defendant’s crime of this case in determining the allegation of unfair sentencing by the Defendant and the prosecutor is not highly likely to have committed the instant crime by assaulting the victim C and the victim D, who was living together with the Defendant, and threatening the victim D with a knife, a dangerous object.

In addition, ① the Defendant appears to have committed the crime in a planned manner from the beginning, such as intentionally causing a knife and intentionally approaching the victims, ② the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the crime of assault in January 2017 and committed the instant crime only for about six months after the grace period has expired, ③ the victim C wanted the police to protect the victim by “the Defendant’s drinking is double and bomb, and a retaliation is taken.”