A. The Defendant committed the instant crime under the lack of ability to discern things or make decisions due to the fact that he or she has been seriously engaged in drinking too much at the time of the instant crime.

Nevertheless, the lower court did not consider this, and thus, did not err by misapprehending the legal principles as to this point, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment and confiscation) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it seems true that the defendant has a certain degree of drinking on the day of the instant case.

However, considering the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below, it is difficult to view that the defendant was under the influence of alcohol at the time of committing the crime and thus, the defendant lacks the ability to discern things or make decisions, and thus, the defendant's claim of mental or physical disability shall

1 The crime of this case is likely to bring the victim to the house in advance on the apartment where the defendant lives.

The Defendant, while not opening the door of a vehicle on which the victim was on board, has a stringer and a stringer in his own vehicle parked, has a stringer and a stringer, has a stringr of the vehicle on the part of the victim, has broken the glass of the driver’s seat of the vehicle on the part of the victim, has spread the stringer between the shoulder glass, and put the victim out of the vehicle and wanting to flee into the body of the victim, and put the victim into the body of the victim with a stringer who was on the part of the victim.

The defendant's series of acts can be seen as having been done promptly and practically to the extent that the victim does not escape. A person who is under the influence of alcohol to the extent that the victim lacks the ability to discern things or make decisions.