The appeal is dismissed.

61 days of detention after an appeal shall be included in the calculation of the original sentence.

Defendant

The grounds of appeal by state appointed defense counsel are also examined.

Examining all the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, motive for the crime, method of the crime, and the act of the defendant committed before and after the crime in this case, the court below is justified in holding that the defendant's drinking was acknowledged at the time of each of the crimes in this case, but it cannot be viewed that the defendant did not have the ability to discern things or make decisions, and that there was no error of misunderstanding of facts or misunderstanding of legal principles as to mental disorder as otherwise alleged in the ground of appeal.

In addition, all the circumstances revealed in the records, such as the Defendant’s age, behavior intelligence, and motive and means of committing the crime, and the situation after committing the crime of this case, in particular, the crime of this case is committed without any resistance to the Defendant and a co-defendant of the lower court and a victim who does not have any awareness at the scene of the crime at the drinking place, and the crime of this case is committed by taking into consideration the head of the victim who is unable to resist any resistance to conceal the crime of violence, and it is difficult to obtain the motive for committing the crime in light of the respect of human life. Considering the above, it cannot be deemed that the sentencing of the lower court, which maintained the first instance judgment that sentenced the Defendant 12 years of imprisonment, is extremely unfair.

Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.