A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

The judgment of the court below which did not reduce punishment is erroneous in the misapprehension of legal principles as to mental disorder.

B. The sentence imposed by the lower court (20 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence adopted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime, but in light of the background leading up to the instant crime, the details, means, methods, circumstances before and after the instant crime, and the attitude of the Defendant, etc., it is not recognized that the Defendant was in a state of weak ability to discern things or make decisions due to drinking alcohol at the time of the instant crime.

Defendant’s assertion is without merit.

B. The Defendant recognized the instant crime and opposed to the mistake on the assertion of unfair sentencing.

At the time of the case, the Defendant was under the influence of alcohol, and the victim committed the instant crime against the mother of the Defendant.

around 2011, the Defendant, who is a foreigner of Uzbekistan nationality, has entered Korea and had her mother, spouse, and 5 children in high-country, and had been working in a factory in around 2015 and had been taking care of her grandchildren.

After entering the Republic of Korea, there is no record of criminal punishment except for the punishment of a fine of one million won for the crime of bodily injury in 2017.

However, the crime of this case is committed by the defendant, including the victim of Uzbekistan's nationality, who drinks and drinks with the victim, and re-convening the victim with the house and the kitchen knife return to the house and the part of the victim's name and the left side knife part of the victim's name and the part of the knife on the left side of the knife.

The defendant shall take precedence over a knife which is a dangerous thing.