All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder is not only under the influence of alcohol at the time of committing the instant crime, but also under the state of mental disorder due to cerebral typhism, so punishment should be reduced or exempted.

2) The punishment sentenced by the lower court to the Defendant (15 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act regarding the Defendant’s claim for mental disorder requires not only mental disorder such as mental illness or abnormal mental condition but also mental disorder that lacks or reduces the ability to discern things or control action accordingly. Thus, even if a person with a mental disorder is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, the Defendant suffers from brain marcosis, and the fact of drinking alcohol at the time of committing the instant crime can be acknowledged.

However, the following circumstances acknowledged by the above evidence are as follows: (a) the motive for the Defendant to murder the victim at an investigative agency; (b) the victim’s house to find out the victim’s dialogue with the victim; (c) the method and process of murdering the victim; (d) the victim’s resistance; and (e) the details of self-denunciation after committing the instant crime; and (e) the Defendant called the police station immediately after committing the instant crime and called the victim to the wife for “the killed

Every police station shall be raised as soon as possible.

12 should be reported in light of the following facts: (a) the circumstance and means of the instant crime; (b) the Defendant’s behavior before and after the instant crime; (c) the Defendant’s drinking at the time of the instant crime; and (d) the Defendant’s attitude to make statements in an investigative agency.