A defendant shall be punished by imprisonment for five years.

A chief official (No. 1) who has been seized shall be confiscated.

A. At the time of the instant crime, the Defendant was in a state that the husband lacks the ability to discern things or make decisions due to verbal abuse, assault, etc.

B. The lower court’s imprisonment (seven years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. In light of various circumstances such as the situation at the time of the crime and the defendant's behavior before and after the crime, the judgment of the court below and the evidence duly adopted and examined by this court, it seems that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case. Thus, the above ground of appeal by the defendant is without merit.

B. In light of the fact that the Defendant committed the instant crime against the allegation of unfair sentencing was murdered by the Defendant’s head of the victim, who is her husband, so far as possible, and that the Defendant’s high value of human life may be infringed, the Defendant needs to be punished corresponding thereto.

However, the crime of this case seems to have been caused by the victim from time to time to time, despite the continuous provisions of the defendant against external appearance, the victim has committed acts such as humpinging or assaulting the defendant, and the bereaved family members including the victim's children and the siblings wished up to this court. The defendant is a primary offender with no criminal power, who has divided and reflected the crime of this case, and the victim seems to have committed any contingent crime in the course of the victim's external appearance and committing assaulting and abusiveing the defendant. It seems that the defendant committed the crime of this case.