Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) was in a state of mental disorder under the influence of alcohol at the time of the instant case.

(2) The sentence imposed by the first instance court of unfair sentencing (12 years of imprisonment) is too unreasonable.

(b)the sentence sentenced by the first instance court is too unhued and unreasonable;

2. Determination:

A. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a state of drinking alcohol at the time of committing the instant crime, in view of various circumstances such as the background leading up to the instant crime, the means and method of committing the instant crime, and the Defendant’s behavior before and after the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

Since the defendant's mental disorder cannot be seen as being or weak, the defendant's assertion of mental disorder is without merit.

B. The instant crime of determining the unfair sentencing by the Defendant and the prosecutor is also very heavy in terms of the content and result of the crime, and the nature of the crime is also very harsh, since the Defendant did not participate in a dispute with the victim who was living together and did not participate in the knife and murder the victim with knife.

The life of a human being has absolute and dignity that no one can dispose of without permission, and infringement of it can not be used for any defense, and it is necessary to punish the defendant with strict punishment corresponding to his criminal liability.

However, the Defendant led to the confession of all of the instant crimes, and the Defendant voluntarily surrenders to the investigative agency after the instant crime. However, although the Defendant voluntarily surrenders to the investigative agency after the instant crime, the Defendant did not take measures such as aiding and abetting the victim immediately after the instant crime, and went away without taking measures such as aiding and abetting the victim, and then was engaged in the flight life for three days without all Handphones, and the police was found to be the suspect of the instant crime.