The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

1. Summary of the grounds for appeal;

A. At the time of committing the instant murder, the Defendant was in a state of lacking the ability to discern things or make decisions due to symptoms, such as cryp, etc. caused by alcohol addiction, and drinking.

B. The lower court’s imprisonment with prison labor is too unreasonable.

2. Determination

A. The lower court determined that the Defendant was in a state of drinking alcohol to a certain extent at the time of murdering the victim; the Defendant received medical treatment at K Hospital due to climatic depression on September 25, 2007; the Defendant was hospitalized in L Hospital from May 28, 2009 to December 7, 2009; and the Defendant received veterinary treatment at the above hospital due to alcohol dependence symptoms, flusium and flusium, anxiety, etc. It is recognized that the Defendant was in a state of weak ability to kill the victim at the time of murdering the victim; however, in light of the following circumstances and other circumstances, the Defendant’s knife and method of the instant crime; the details of the crime; the Defendant’s behavior before and after the instant crime, etc.; and the Defendant did not appear to have reached a relatively low capacity to kill the victim’s knife and knife the victim’s knife at the time of the instant investigation.

(2) While the defendant voluntarily withdraws alcohol at the time of committing a crime in the course of police investigation, the situation of the crime shall be memory.