The defendant's appeal is dismissed.

1. The decision of the court below's sentencing (eight years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant cannot be deemed to have failed or failed to have the ability to discern things or make decisions due to drinking, solely on the circumstance that the Defendant drinks the victim and alcohol, who is a workplace, in the single-use room by the single-use supervisor, and the Defendant was in a situation where he did not have the ability to discern things or make decisions.

During the course of the attack, the victim was killed of the victim by 2-3 times in excess of the victim's knife (13 cm in knife length) on the ground that the victim was dead, 2-3 times in excess of the part of the victim's knife, 8-g in weight) and ging the victim's face, and ging the victim's face. In consideration of the circumstances of the crime, the type of deadly weapons, the method of attack, the defendant's emotional condition at the time of attack, and the degree and degree of the victim's injury, there was an intention to murder the

Since human life is the most respected legal interest that should be protected by the State or society, an act of infringing upon it is impossible for any reason to be used for any reason, and in light of the fact that the means and methods of the criminal act shown by the defendant during the course of the criminal act are harsh and the result of the criminal act is too serious, the nature of the crime is very heavy, and it is inevitable to punish the defendant with severe penalty corresponding to his responsibility.

However, the agreement with the bereaved family members of the victim, the defendant's mistake is divided, and there is no history of criminal punishment since entering Korea around 2001.

Even if the defendant voluntarily appeared in the investigative agency and voluntarily surrenders himself to the police agency, the court is merely able to voluntarily reduce the punishment, and the court below's failure to reduce the number of self-denunciation cannot be deemed illegal.

(see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). The Defendant’s age, character and conduct, environment, and motive for committing a crime, including the aforementioned various circumstances.