The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

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

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the defendant was aware that he had drinking at the time of committing the crime, considering the motive, content, means of use, and circumstances after committing the crime, the defendant had no or weak ability to discern things or make decisions due to drinking at the time of committing the crime.

is not recognized.

The defendant's mental disorder is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case was committed by the Defendant, as a matter of course, at the time of the victim’s face, head, etc. several times, and even if the Defendant lost his ability to resist, the Defendant continued to go beyond the victim’s face and went off to the victim’s face, thereby getting the victim to die, and eventually resulting in death, and the crime was committed by the victim, including the contents and methods of the crime, but the victim could have been suffering from extreme pain, and such crime was committed and the criminal intent of the crime is heavy.

It is inevitable to punish the young age who has the wife and children to be supported by the victim with severe mental suffering, such as serious damage to the bereaved family members due to the victim's unexpected death, etc., and severe severe punishment equivalent thereto is inevitable.

However, the defendant has no record of criminal punishment, except for punishment for a one-time fine due to the violation of the Road Traffic Act, and reflects the mistake of crime in depth.

The defendant seems to have committed any contingent crime under the influence of alcohol, and attempts to provide the victim with cardiopulmonary resuscitation at the site.