The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the evidence duly adopted and examined in the judgment of the court below as to the claim of mental disability, the defendant is deemed to have committed the crime of this case while drinking, but in light of the circumstances leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant was in a state where he suffered from drinking alcohol or lacks the ability to discern things or make decisions. Thus, this part of the defendant's assertion

B. In light of the method of the crime and the degree and degree of injury, etc., the victim's fear, pain, and mental shock seems to have been greatly received, and there is a need to punish the victim accordingly. In light of the method of the crime, the victim's fear, pain, and mental shock, etc., it is necessary to punish the victim accordingly.

I would like to say.

However, the Defendant made efforts to deposit KRW 15 million in order to recover the damage of the victim, etc. at the court below's ruling that he/she received face one time from the victim who received his/her decoration and caused it to commit the instant crime in a contingent manner, and that he/she tried to deposit KRW 15 million in order to recover the damage of the victim. In the first instance trial, the victim and the victim wanted the Defendant's wife by agreement with the victim. The Defendant recognized all the instant crime, recognized the Defendant's entire act of detention for about five months, and divided the Defendant's depth into his/her wrong life for five months, and again, the Defendant's age, environment, family relationship, occupation, and circumstances leading to the instant crime and the following circumstances.