A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination as to the assertion of mental and physical disorder, it does not appear that the Defendant, while under the influence of alcohol at the time of the instant crime, did not have the ability to discern things or make decisions, even if such circumstances were to be considered, taking into account the background of the instant crime, the means and method of the crime, and the Defendant’s actions before and after the instant crime.

Even if the Defendant was in a state of mental disorder at the time of the instant crime, according to Article 10(3) of the Criminal Act, the provisions of the preceding two paragraphs shall not apply to the Defendant’s act of a person who predicted the occurrence of danger and caused a person’s mental disorder. According to the records, the Defendant was punished by a fine on six occasions prior to the instant crime of interference with business prior to the crime of interference with business, such crime was committed in restaurant, drinking house, etc. under the influence of alcohol. According to the Defendant’s statement at the police station, according to the Defendant’s statement at the police station, the Defendant was aware that the adjustment is known and the drinking can be performed upon the commencement of drinking. Thus, the Defendant committed a case where, in the event of drinking alcohol, the Defendant predicted the risk that the Defendant may damage the property or cause a disturbance of drinking, and caused a person’s mental disorder.

As such, the defendant cannot be punished due to mental disorder.

or reduction of punishment due to mental or physical disability shall not be allowed.

I would like to say.

Therefore, the defendant's above assertion is not accepted.

B. The Defendant has already made a judgment on the assertion of unfair sentencing over several occasions.