Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (mental or physical disorder) was in a state of mental or physical loss or mental weakness by, at the time of committing the instant crime, breathing alcohol and not memory at all, and the lower court’s punishment (for instance, 5 years of imprisonment) is too heavy or unreasonable.

2. In light of the Defendant’s main quantity, the background of the crime, the means and method of the crime, the circumstances, etc. revealed in the instant argument and the record, the Defendant did not have the ability to move things due to drinking at the time of committing the instant crime, and did not have or lacks the ability to make decisions.

The decision is judged.

The lower court’s sentencing taking account of the Defendant’s criminal history and reflective nature, the background of the instant crime, and the fact that the bereaved family members of the victim are the Defendant’s preference, while taking into account the absolute value of life, and the illegality of the instant crime, etc., is consistent with the instant crime.

The decision is judged.

Ultimately, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the conditions of the sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).