A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

As seized, knife knife.

The defendant was addicted to computer entertainment at the time of committing the crime, or was in a state of weak ability to discern things or make decisions under the influence of alcohol.

The sentence of imprisonment with labor (three years of imprisonment with labor for a maximum term, two years of short term) by the lower court is excessively unreasonable.

Judgment

According to the mental appraisal statement on the defendant prepared by a medical doctor belonging to the Public Medical Treatment and Custody Office following the request for mental appraisal of the party, it can be acknowledged that the defendant had no mental illness due to computer addiction, etc. at the time of the crime of this case, but was in a state of acute alcohol addiction due to excessive drinking at a short time.

In addition to various circumstances such as the background of the crime, means and mode of the crime, the Defendant’s act before and after the crime was committed, and there was no motive to kill the victim because the Defendant had a good relationship even before and after the crime was committed. In addition, it is sufficient to deem that the Defendant was in a state where he had the ability to discern the subject matter or make a decision by distinguishing the intent at the time of the crime of this case.

The defendant's ground of appeal pointing this out is with merit.

In conclusion, without examining the defendant's assertion of unfair sentencing, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the decision is again made as follows.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the judgment of the court below, on the ground that Article 369 of the Criminal Procedure Act is the same as the corresponding column of the judgment of the court below, if the main text of the evidence is deducted from the addition of "1. Pursuant to Article 369 of the Criminal Procedure Act," the phrase "in a state where the influence of alcohol is under the influence of alcohol or lacks the ability to discern things or make decisions."

Application of Statutes

1. Criminal facts;