All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) The Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

Dob. The sentence of an unreasonable sentencing (four years of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The Defendant asserts that there was a lack of water surface, extreme stress caused by external appearance of the victim, mental disorder caused by excessive drinking, or mental disorder caused by each of the instant crimes in a state of mental disorder, and that there was no or weak ability to discern things at the time or make decisions.

However, according to the evidence duly adopted and examined by the court below, the defendant did not have the ability to discern things or make decisions due to mental disability or drinking, in light of the circumstances such as the background leading to the crime of this case, the means and method of the crime, and the behavior of the defendant before and after the crime of this case.

The defendant's assertion cannot be accepted as it seems that such an ability has reached a weak state.

B. Determination of the allegation of unfair sentencing by the Defendant and prosecutor is favorable to the Defendant, including the following: (a) the Defendant acknowledges the Defendant’s criminal act and reflects the mistake; (b) the Defendant appears to have committed the instant crime by contingency; (c) there are circumstances to consider the motive; (d) the two children of the Defendant and the victim; and (e) family members and branch members, including the Defendant’s mother and children; (c) the Defendant is in the position to support the Defendant’s mother and children; and (d) there is no criminal record exceeding the fine.

On the other hand, the defendant caused the death of the victim who was identified by the crime of this case.