All appeals by prosecutors are dismissed.

A. Defendant (1) Insane or mental and physical disability, even though the Defendant committed the instant crime under the influence of alcohol at the time of the instant crime under the lack or lack of ability to discern things or make decisions, the lower court did not grant reduction or exemption due to mental and physical disorder.

(2) The sentence imposed by the lower court on the Defendant (12 years of imprisonment) is too unreasonable.

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

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the defendant's defectiveness or mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case.

However, in light of the content of the instant crime and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, did not have or lacks the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant with the knife of the knife, and the nature of the crime is very poor in light of the object of the crime, the means and result of the crime, and the victim’s bereaved family members want strong punishment against the Defendant.

On the other hand, the defendant is against the confession of the crime as a primary offender, and the defendant was faced with his wife and fire due to the economic reason and assault against his family members due to drinking, etc., and he seems to have caused the crime of this case by contingently, while he had a strong appraisal about his wife.

The various sentencing conditions shown in the records and arguments, such as these circumstances and the age, character and conduct, the environment, and the background leading to the instant crime, and the sentencing guidelines for the enactment of the Supreme Court's Sentencing Committee [the type of crime] homicide and the type 2(ordinary motive).