The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for eight years.

2.2.2.20 per cent of the amount seized.

Summary of Grounds for Appeal

A. The grounds for appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (1) The Defendant was drunk at the time of committing the instant crime and was in a state of mental and physical disability.

(2) The lower court’s imprisonment (10 years of imprisonment and confiscation) against the Defendant claiming unreasonable sentencing is too unreasonable.

B. The Prosecutor’s grounds for appeal (1) The lower court’s sentence against the Defendant of unreasonable sentencing is too uneasible and unreasonable.

(2) Notwithstanding the fact that the part of the request for attachment order is deemed to pose a risk of re-homicide, the lower court’s dismissal of the Defendant’s request for attachment order of an electronic tracking device against the Defendant.

Judgment

A. According to the statement on the Defendant’s mental diagnosis of the Medical Treatment and Custody Director prepared by the request of the court of the lower judgment for the determination of the Defendant’s mental diagnosis, the Defendant, under the influence of alcohol at the time of committing the instant crime, was in a state of alcohol acute addiction, which shows symptoms, such as emotional stability, improper aggressive behavior, degradation of impulse ability, and judgment disorder, and thereby, can be acknowledged that the Defendant was in a state of weak ability to discern things or make decisions.

Nevertheless, the judgment of the court below which rejected the defendant's claim of mental disability on the ground that the defendant committed the crime of this case in a normal mental state, is erroneous or erroneous in the misapprehension of legal principles as to mental disability.

Therefore, the defendant's argument of mental disability is justified.

B. The following circumstances acknowledged by the public prosecutor’s argument regarding the prosecutor’s claim on the attachment order request case, namely, ① the Defendant, at the time of committing the instant crime, was sexually committed against the victim during a minor dispute where the Defendant had the victim drink with the intent to commit the instant crime, with the intent to use the victim as the victim, and had the mother commit violence.