The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine years.

The seized kitchen shall be confiscated by one kitchen (No. 1).

Summary of Grounds for Appeal

Defendant

A mentally ill-minded defendant was drunk at the time of committing the instant crime and was in a state of mental disability.

The punishment sentenced by the court below on unreasonable sentencing (13 years of imprisonment, confiscation) is too unlimited and unfair.

The punishment sentenced by the court below is too uneased and unfair.

Judgment

According to the evidence duly admitted and examined by the court below as to the defendant's claim of mental disability, the main weight of the defendant is to the extent of 1 disease, and it is recognized that the defendant was in a state of Macju 1 World Cup and 3-4 residues at the time of the crime of this case (Evidence records 273, 381 pages). However, in light of the process, means and methods of the crime of this case, the circumstances of the defendant, such as the defendant's statement in a relatively detailed manner about the process and method of the crime of this case in the police and prosecutor's investigation, etc., and the defendant stated in the police investigation that "the defendant did not drink because he did not drink too much (Evidence records 287 pages), etc., it does not seem that the defendant's drinking at the time of the crime of this case led to a state of changing things or lacking decision making ability (Evidence records 287 pages).

Therefore, the defendant's argument of mental disability is not accepted.

The life of a person on the assertion of unfair sentencing by the accused and the prosecutor is the highest legal interest protected by our society and the most dignity value, and the murder crime is a serious crime that makes it impossible and justifiable to recover from damage by taking away the life of a person, which is the valuable value that cannot be altered.

The Defendant kills the victim in a de facto marital relationship with a kitchen knife two-time kitchen, and the victim strokes with his hand who did not die, and the victim seems to have died while the victim feel serious pain and fear due to the crime method and method, and the victim's death.