A. At the time of the instant crime, the Defendant was in a state of mental disability.

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

2. Determination:

A. 1) The existence of mental disorder as stipulated in Article 10 of the Criminal Act is a matter of law to be determined by the court in light of the purpose, etc. of the punishment system. The judgment is an important reference material for the result of the specialized appraiser's mental diagnosis. However, the court must, without being bound by the opinion, consider not only the result of the appraisal but also the circumstances of the crime, means, and the materials indicated in the records such as the defendant's act before and after the crime (see, e.g., Supreme Court Decision 94Do3163, Feb. 24, 1995). 2) Examining the records in light of these legal principles, the mental appraisal results, etc. of the defendant were examined as follows: "The defendant had disability such as alcohol dependence and disorder before and after the crime was committed; it is difficult to see that the defendant's ability or ability to make decisions would have been deteriorated due to the mental condition of the defendant in alcohol intake; however, it is difficult to see that the defendant had a mental disorder before and after the crime was committed.

This part of the grounds for appeal is without merit.

B. As to the assertion on unreasonable sentencing, 1.