A. The lower court erred by misapprehending the legal doctrine, which led to the Defendant’s failure to recognize the Defendant’s physical and mental state by misapprehending the legal doctrine, even though the Defendant was to engage in an act under a state of mental and physical weakness having weak capacity to discern things or make decisions due to the outbreak of mental walls due to drinking.

B. The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) The existence of a mental disorder under Article 10 of the Criminal Act is a legal issue to be determined by the court in light of the purpose, etc. of the penal system. In such judgment, the result of the mental diagnosis of a professional appraiser is an important reference material. However, the court does not necessarily necessarily necessarily belong to the opinion, and the existence or absence of a mental disorder should be determined solely by taking into account not only the result of such appraisal, but also all the materials recorded in the records, such as the background, means, and the defendant's conduct before and after the crime.

In addition, the defendant caused the theft crime due to a mental defect (a mental disorder is expressed in the form of mental disorder) that prevents the defendant from suppressing his/her impulse.

Even if such phenomenon is likely to result in suppressing one's impulse because of his or her failure to suppress a crime, this is merely a matter of degree, and therefore, barring special circumstances, it cannot be said that a person who has such character defect requires an act that cannot be expected to control his or her impulse and to demand compliance with the law, and thus, it does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment, in principle, a defect of nature, such as a disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

It is reasonable to see that such character defects are very serious and its original meaning.