All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The defendant asserts that, with respect to the punishment sentenced by the court below (seven years of imprisonment with prison labor), the defendant is too unfasible and unfair. The prosecutor asserts that the prosecutor is too unfasible and unfair.

2. Determination

A. According to the judgment of the court below and the court of first instance on the assertion of mental and physical weakness, the evidence duly adopted and examined may be acknowledged that the defendant had a drinking condition to some extent at the time of the crime of this case. However, in light of various circumstances, such as the background of the crime, the method of the crime, the act of the defendant at the time of the crime and before and after the crime, and the fact that the defendant is relatively probnating in the situation at the time of the crime, it is not deemed that the defendant had a weak ability to discern things or make decisions

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

B. A favorable circumstance is that the Defendant recognized the instant crime and is against the recognition of the Defendant’s criminal act, the victim’s habitually committed the crime against the victim’s mother-child relationship with the victim, and the victim’s bereaved family members want to take the Defendant’s prior action.

However, the crime of this case is an anti-human act of murdering the victim's neck, which is the victim, committed by the defendant, and the nature of the crime is extremely poor and the result of the crime is very serious, and the crime of this case is too heavy that cannot change the life of a person, and thus, it is necessary to punish the crime of this case strictly.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the range of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee (five to eight years of imprisonment).