The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Summary of Grounds for Appeal

A. Defendant 1 was aged 64 years old and there is no motive for murdering by the victim due to only the marital relationship with the victim, Defendant did not have an important part of the body, such as clothes or trees of the victim, and the degree of injury of the victim was not much serious to the extent that the victim's life could be harmed. Defendant’s statement that “the victim’s knife of the victim’s knife with the victim’s knife with the victim’s knife with the victim’s left hand, leaving no credibility; Defendant stated that “the victim should have died because knife it began,” that there was no evidence other than the victim’s statement, and that the Defendant did not express his intent for murder, in light of the fact that the Defendant reported immediately to the 112 and 119 years old after committing the crime, there was no intention for murder.

② The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

(3) The punishment sentenced by the court below to the defendant (five years of imprisonment) shall be too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

Judgment

A. As to the existence of murder intention, the court below rejected the above assertion by stating in detail the defendant's assertion and its decision under the title "the judgment on the defendant's and defense counsel's assertion" in the judgment of the court below with the same argument as the above reasons for appeal. In light of the evidence and legal principles duly adopted and examined by the court below, the above recognition and judgment of the court below are justified, and the above assertion by the defendant is without merit.

B. According to the record as to the existence of mental and physical disability, it is recognized that the defendant was in a state of drinking at the time of the crime in this case, but the motive and background of the crime in this case, the means and method of the crime in this case, and the circumstances after the crime.