All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant, as recorded in the instant facts charged, committed a golf hyd part with the head of the victim as stated in the instant facts charged, he was guilty of the instant facts charged, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the fact, despite having not committed murder at the time.

2) Even if the Defendant had intentionally committed murder at the time of committing the instant crime, the Defendant, despite being in a state of mental and physical weakness under the influence of alcohol, committed a mistake that did not reduce the physical and mental weakness.

3) The sentence sentenced by the lower court (7 years of imprisonment, confiscation) to the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court had already asserted as factual misunderstanding, and the lower court found the Defendant guilty of the facts charged in this case and rejected the Defendant’s assertion on the ground of the circumstances indicated in its reasoning. In so doing, the lower court’s aforementioned determination is justifiable when examining this part of the lower judgment’s reasoning compared with the evidence duly admitted and examined.

The defendant's assertion of mistake is without merit.

B. According to the record as to the Defendant’s assertion of mental and physical weakness, although the Defendant appears to drink at the time of the instant crime, in light of the overall circumstances, such as the details and methods of the crime, and the circumstances after the crime, the Defendant was physically and mentally weak.

Therefore, the court below's failure to reduce the physical and mental weakness is justified.

The defendant's mental and physical weak argument is without merit.

(c)

Defendant

The defendant seems to have committed the crime of this case in a contingent manner rather than committed the crime of this case on the prosecutor's improper argument of sentencing.