The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The sentence sentenced by the court below to the defendant (7 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was in a state of drinking alcohol at the time of committing the instant crime, in light of the motive and background of the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair determination of sentencing, there are extenuating circumstances to consider the Defendant as favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant crime, his mistake in depth, and that there was no history of punishment in the Republic of Korea since entry into the Republic of Korea on October 30, 2014, and that there was no possibility to commit the instant crime, while disputing the victim and drinking with the victim, it appears that the victim committed the instant crime in a contingent fashion. The victim’s wife is in a matrimonial relationship with the Defendant as a pilot of the Defendant, and the victim’s wife appears to have agreed with the Defendant through Cho Kaa, taking into account the aforementioned circumstances, and seems to have sought the Defendant’s wife. The Defendant was employed to support his family, and it seems that the Defendant’s entry into the Republic of Korea would have been prevented from committing the instant crime, and thus, the suffering from the aquatic life would be further aggravated.

However, the crime of this case committed by the Defendant with the kitchen knife, murdered the victim by way of unreshing the victim in depth 5 cm, 8 cm, and so far, two times, so far as to cover the part of the victim’s chest. The murder, in any way, is an act of cutting the human life with dignity, which has the value of dignity that cannot be altered.