A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime and was in a state of mental and physical weakness.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. According to the record as to the Defendant’s mental and physical weakness, the fact that the Defendant was in a drinking condition at the time of committing the instant crime is recognized.

However, after the defendant laid the victim's left eyebrow, the left part of the frow, the victim's rear part of the back part of the victim, etc., the defendant saw three times to interfere with the victim's life, such as breaking the victim's upper part of the back part of the victim, etc., and the defendant makes a statement by relatively detailed memory of the circumstances of the crime in this case. At the time of the defendant's fighting, the defendant and the victim did not snick the defendant and the victim at the time of the defendant's fighting.

In light of various circumstances acknowledged by the evidence duly adopted and investigated by the court below, such as the fact that the defendant stated (106 pages of evidence), and immediately after the crime of this case, the hand and knife of the defendant being taken into the kitchen by the kitchen, and the knife are again put in the kitchen (209, 213 pages of evidence records): the defendant had the ability to discern things or make decisions under the influence of alcohol;

It does not seem that it does not appear.

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

B. As to each of the unlawful arguments of sentencing by the defendant and the prosecutor, the crime of this case was committed by the defendant on the grounds that the defendant had a serious problem with the victim and caused a fatal part of the victim, such as face, knife and back part of the victim, and murdering the victim with a knife on several occasions, and the nature and circumstances of the crime are extremely heavy, and the victim's bereaved family members are suffering from a huge mental shock and pain.