A. Although the Defendant was unable or weak to discern things or make decisions by drinking alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it is deemed that the Defendant was aware of drinking at the time of the instant crime, but it does not seem that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion by the Defendant is rejected.

B. In light of the circumstances favorable to the defendant, such as the fact that the defendant deposited part of the money (one million won) for the victim, the fact that the victim did not want the punishment against the defendant, etc., but the degree of damage is too serious due to the crime of this case, the defendant's motive and circumstance leading to the crime of this case, the situation before and after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.