The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized pipes.

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) 1, a quasi-incompetent part of the quasi-incompetent part was under the influence of alcohol at the time of the instant crime, i.e., the state in which the ability to distinguish things was weak, and i.e., the state in which the Defendant was under the influence of alcohol at the time of the instant crime.

B. It is unreasonable to dismiss the Defendant’s request for the instant attachment order even though the Defendant’s risk of recidivism exists, considering the fact that the overall point of the assessment of the risk of recidivism conducted by Korean-style adults, as part of the request for the attachment order, is relatively high as 10 points. 2) The lower court’s sentence against the Defendant on unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, it is found that the defendant had drinking alcohol at the time of the crime of this case, but in light of various circumstances such as the situation at the time of the crime of this case and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and therefore, the defendant'

B. As to the part of the prosecutor’s request for attachment order, “risk of recommitting a homicide” under Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders refers to the possibility of recommitting a crime is insufficient solely by the possibility of recommitting the crime, and is highly probable that the person who requested the attachment order will injure the legal peace by committing a homicide again in the future.

The risk of recidivism of murder crime shall be objectively assessed by comprehensively evaluating various circumstances, such as the occupation and environment of the person requesting attachment order, the behavior before the crime, the motive and means of the crime, the circumstances after the crime, the appearance, etc.