A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had a drinking condition at the time of the instant crime, but in light of various circumstances, such as the background, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, it does not seem that the Defendant had a weak ability to discern things or make decisions due to drinking.

B. Considering the motive and method of the instant crime, the degree of damage, the circumstances after the instant crime, and the Defendant’s criminal records, etc. as to the allegation of unfair sentencing, the sentence imposed by the lower court is not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.