The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

B. The Defendant, at the time of the instant crime, committed the instant crime under the lack of capacity to discern things or make decisions due to the fact that he or she was found guilty of excessive drinking by drinking, and thus, committed the instant crime.

Nevertheless, the lower court did not consider this, and thus, did not err by misapprehending the legal principles as to this point, thereby adversely affecting the conclusion of the judgment.

C. The court below's decision on the defendant's assertion of unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination as to the claim of mental disability

A. The lower court rejected the Defendant’s claim of mental disability based on the following facts admitted by the evidence adopted by the lower court.

1) The Defendant accurately entered the password of the locks immediately before the instant crime and entered his residence, and immediately after the instant crime, the Defendant returned home and confirmed the status of the victim, and the Defendant made a speech to confirm the victim’s life and death. 2) Even if the images of the Defendant’s photograph taken immediately after the instant crime were taken, it does not seem that the Defendant was in serious defried.

3. The Defendant made a statement at an investigative agency by relatively little memory of the circumstances before and after the instant crime.

B. The above circumstances cited by the court below in this court’s judgment may serve as a ground to deny the defendant’s defective condition, but it seems difficult to readily conclude that the defendant was not in a state of mental disorder.

Rather, in full view of the evidence duly adopted and examined by the court below, the statements made by the witness in the court of the trial, and the following circumstances recognized by the court investigator in the investigation report by the court of the first instance, the defendant is under the influence of alcohol at the time of committing the crime, thereby distinguishing the things or making an intention.