A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, it is recognized that the Defendant was in a drunken state at the time of the instant crime, but in light of various circumstances, such as the background of the instant crime, the means and method of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant did not deem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

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

B. The Constitution of the Republic of Korea guarantees the dignity and value of human beings as the most fundamental norm, and the crime of murder is a serious criminal that infringes on the right to life, which serves as the basis of human dignity and value, and the crime of this case is committed by the Defendant with the knowledge that the Defendant was late after the divorce of the victim, and the victim was killed on the ground that the victim was refusing to comply with the judgment of the Defendant, and the nature of the crime is very serious.

On the other hand, after committing the instant crime, the Defendant surrenders himself to the police, etc. after committing the instant crime, and the Defendant appears to have committed the instant crime by contingently during a dispute with the victim; the Defendant’s children and the victim’s bereaved families are seeking the preference of the Defendant (Provided, That there are no other children than the Defendant, and the circumstances surrounding the agreement, such as usual relationship, etc. between the Defendant and the victim are also considered).