A. The Defendant with mental disorder is illegal to recognize the Defendant’s mental disorder, even though the Defendant was unable to discern things or make decisions by drinking alcohol at the time of committing the instant crime, although he did not recognize the Defendant’s mental disorder.

B. The sentence imposed by the court below on the defendant (two million won of 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 appear that the Defendant did not have the ability to discern things or make decisions due to drinking.

B. In light of the following: (a) the Defendant had a history of having been punished for the same kind of crime on several occasions; (b) the victim wants to punish the Defendant; and (c) the motive and method of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and character and conduct, the sentence imposed by the lower court is unreasonable and inappropriate.

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