The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

A seized knife (L.)

1. The court below dismissed the prosecutor’s request for attachment order while pronounced guilty of the Defendant’s case, and only the Defendant appealed.

Therefore, there is no benefit in the appeal regarding the part of the request for attachment order, and therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the trial of this court

2. Summary of reasons for appeal;

A. At the time of each of the instant crimes, the Defendant had mental and physical weakness due to mental illness, drinking, etc.

B. The sentence sentenced by the court below to the defendant (12 years of imprisonment) is too unreasonable.

3. Determination as to the assertion of mental and physical weakness

A. According to the evidence duly adopted and examined by the lower court and the first instance court, such as the statement of factual inquiry into the president of the Y mental health department at this court, the following facts are acknowledged.

1) On May 11, 201, from around November 14, 2011 to around November 14, 2016, the Defendant received counseling treatment and pharmacologic at an average of two weeks from the Y mental health clinic (the Defendant committed the instant crime of interference with the business on October 1, 2016, and the Defendant committed the instant murder on November 18, 2016). The Defendant’s symptoms were as follows: “Dule, suicide, suicide, suicide, self-harm behavior, impulse and self-injury behavior, depression, decentralization, etc.” The Defendant’s diagnostic name was “dive disorder and impairment of water surface,” and the specific condition was “dive disorder, negative emotional, fluorial, fluorial, and decentralization”.

3) If the Defendant takes drugs prescribed for the Defendant and drinks a considerable amount of alcohol, it may reduce the ability to regulate brain in a way similar to excessive alcohol consumption, thereby causing difficulties in appraisal.

4) The Defendant has difficulties in adjusting appraisal due to polar disorder, and if so, the decrease in the ability to adjust appraisal due to alcohol consumption becomes more.