The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Since the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of the instant crime, the lower court, which did not recognize it, erred and adversely affected the conclusion of the judgment by misunderstanding the fact concerning mental and physical disability.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, the fact that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime is recognized.

However, in full view of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the criminal conduct of the Defendant before and after the instant crime, and the circumstances after the instant crime, it is determined that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

The court below's decision that the defendant's mental suffering is correct and the judgment below did not mislead the defendant about the fact of mental suffering.

Therefore, this part of the defendant's argument is without merit.

나. 양형부당 주장에 관한 판단 이 사건 범행은 피고인이 장모의 동거남으로서 사실상 장인으로 모시던 피해자를 무차별적으로 폭행하여 사망에 이르게 한 것으로서 그 죄질이 나쁠 뿐만 아니라 그 결과도 중하다.

It is not available to the bereaved family members of the victim.

Such circumstances are disadvantageous to the defendant.

However, the defendant has no previous conviction except a fine due to a crime without a license.

The crimes of this case are recognized and their errors are divided.

The defendant committed the crime of this case in a contingent manner when the victim under the influence of alcohol takes a bath to his/her children and her happiness.