The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The personal information of the defendant shall be for five years.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical disability due to symptoms and obsessation of alcohol at the time of the instant crime.

B. The lower court’s punishment and the order of disclosure and notification are too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it is found that the defendant is aware of drinking alcohol at the time of the crime of this case, but does not seem to have reached a state where the defendant lacks the ability to discern things or make decisions due to the existence or drinking of alcohol. Therefore, this part of the defendant's assertion is without merit.

B. In full view of the following factors: (a) the Defendant committed the instant crime during the period of repeated offense with a large amount of violence; (b) the victim appears to have suffered considerable mental impulse; (c) the Defendant’s imprisonment with prison labor for five years against the Defendant constitutes the statutory lowest penalty on the instant crime; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) various conditions of sentencing specified in the instant argument, including the Defendant’s age, character and conduct, circumstances before and after the crime; and (e) the scope of the recommended sentencing guidelines of the Supreme Court and the scope of the recommended sentence

However, in light of the circumstances in which the defendant was sentenced to disclosure and notification order for five years in the first instance court at the first instance court, and only the defendant appealed, and the defendant was reversed and remanded for lack of the guidance procedure for the participatory trial, and then the court below ordered disclosure and notification order for ten years at the court below, the period of disclosure and notification order of the court below is somewhat inappropriate. Thus, the defendant's assertion

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.