The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for life.

The KONEX, seized, is one (No. 1 Certificate),

1. Summary of grounds for appeal;

A. The defendant and the respondent for attachment order (hereinafter "defendant") at the time of the instant crime were in a state of mental disorder at the time of the crime.

B. The lower court’s sentence (the same as the above order) against the Defendant is too unreasonable.

2. First of all, according to the Defendant’s mental appraisal statement against the Defendant prepared by the commission of mental appraisal of the court of the trial and the court of the trial, it can be acknowledged that the Defendant was in a state of lacking ability to discern things or make decisions, since the Defendant was in a state of lack of alcohol ability by taking alcohol in a relatively large quantity compared to his own alcohol at the time of committing the instant crime, and there was symptoms such as the disorder of judgment, impulse adjustment disorder, and self-control disorder, etc. which are relatively large compared to his own alcohol at the time of committing the instant crime.

Therefore, the judgment of the court below that rejected the defendant's claim of mental suffering from mental illness is erroneous or erroneous in the misapprehension of legal principles as to mental suffering from mental suffering.

(However, as examined below in the application of the law, the defendant is not subject to mitigation of mental or physical disability). 3. Conclusion, the defendant's assertion of mental or physical disability is reasonable, and the part of the case of the court below cannot be maintained as it is.

In addition, as long as the defendant filed an appeal against the part of the judgment below regarding the defendant's case, it is deemed that the defendant filed an appeal against the claim for attachment order pursuant to Article 9 (8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders. In a case where the judgment of the court below is reversed illegally, the case for attachment order request to be tried together with the judgment and sentenced simultaneously shall also be reversed.

[See Supreme Court Decision 2010Do17564, 2010 Jeondo172 (Joint) Decided March 10, 2011] Ultimately, the lower judgment is determined.