The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. The Defendant, a mistake of fact, merely committed a knife to the victim, and did not have the intention of murder.

B. Under the influence of alcohol, the Defendant lacks the ability to discern things or make decisions.

C. The punishment sentenced by the court below on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the lower court determined that the Defendant could have recognized murder in light of the following circumstances: (a) the Defendant, at the time, was the victim’s knife that knife the knife “blue” was displayed; (b) the knife was applied by strong force to the bones of the elbbow; and (c) the part on the right side would have knife if it

According to the evidence duly adopted and examined by the court below, the above reasoning of the court below is acceptable and it is hard to find any error in law.

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

B. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is found that the defendant was aware that he had a certain degree of drinking at the time of the crime in this case, but it does not seem that the defendant had a weak state of ability to distinguish things or make decisions, such as the defendant's specific statement about the circumstances before and after the crime.

C. As to the assertion on unfair sentencing, the instant crime is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant attempted to murder the victim in a state of secret guard on several occasions on the ground that the Defendant is not adequate to make a fair appraisal; (b) the victim is still receiving medical treatment, and the victim seems to suffer from the aftermath disability even after the treatment is completed; and (c) the Defendant has a record of having been punished by an act of violence, etc. in the past.

However, when it comes to the trial, the defendant.