The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Progress of the lower court

A. The facts charged of the crime of murder (as seen in paragraph (3) below the main facts charged, since the charge was added to the Defendant with gross negligence resulting in death, this part was the primary facts charged. The Defendant and the Victim C (year 44) are married couple.

The defendant has frequently committed violence against the victim who is her husband, and has been instructed by the demand of the victim for dynamic sexual intercourse.

In addition, the defendant, who was treated with mental and behavioral disorder caused by alcohol use in a hospital, has a tendency to show violentities when drinking alcohol.

On June 7, 2012, at around 16:45, the Defendant 101 Dong-dong 909 of the Defendant’s home toilet located in Gwangju Northern-gu building 101, 909, cited the KON in which the victim was placed on the floor of the living room, and the Defendant and the Defendant stated, “I am streke in the case of sexual intercourse” and called, “I am streke in the case of sexual intercourse, I am streke in the case of the victim’s sexual intercourse, which had been experienced while under the influence of alcohol, and caused the victim to die by streked pressure at that place.”

Accordingly, the Defendant murdered the victim.

B. The lower court’s judgment and the prosecutor’s appeal were not guilty on the grounds that the testimony of F who investigated the Defendant regarding the above facts charged or the evidence presented by the prosecutor alone was insufficient to recognize the Defendant as guilty, and the prosecutor appealed on the grounds of mistake of facts or misapprehension of the legal doctrine.

2. Summary of grounds for appeal by a prosecutor;

A. The defendant's motive to kill the victim is sufficient, such as the continuous violence of the victim of misunderstanding of facts, alcohol addiction, dynamic sexual orientation, and indecent act on his/her father, and the fact that the defendant's mind is maximum due to the statement in the police investigation of the preceding day of the instant case, and the defendant committed the crime.