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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of committing the crime, the Defendant was in the state of mental disorder or mental disability by drinking only at the time of committing the crime. 2) The lower court’s sentence of unfair sentencing (five years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence (five years of imprisonment) is too unhued and unreasonable.
2. The Defendant asserted that the Defendant’s mental disorder was similar to the grounds for appeal in the lower judgment.
According to the evidence of the court below, even though the defendant had a significant amount of drinking at the time of the crime of this case, the court below held that the defendant was unable to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in full view of all the circumstances such as the defendant's behavior and speaking (the contents of photographing and recording on a black box installed on the defendant's vehicle), the method and frequency of injury of the defendant (80 minutes between 10 minutes and 80 minutes), and the defendant's appearance and behavior (the contents of the CCTV taken on Tae Mak Hospital CCTV) sent after the crime of this case, etc.
The defendant's assertion is not accepted while it seems that his ability has reached a weak state.
In comparison with records, the above judgment of the court below is just, and there is no error as alleged by the defendant in this part of the judgment below.
3. The defendant started to assault a drunk victim without any special reason, and in particular, even though the victim had already been used to defend himself/herself, he/she continued to cause the victim's death by making a non-discriminatory treatment for a considerable period of time. In light of the law of crime and the degree of damage, the crime is very bad, and the victim seems to have died with extreme pain, and the victim seems to have died.