The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A. The Defendant did not recognize the fact that he was in a state of mental disability of class 3 at the time of committing the instant crime, even though he had a mental disability of class 3.

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

2. Determination

A. (1) The lower court rejected the Defendant’s assertion that the Defendant was aware that the Defendant had been in a significant state of drinking at the time of the instant crime, but did not seem to have reached a weak state of ability to discern things or make decisions.

According to the evidence duly examined and adopted by the court below, the defendant was guilty of committing the crime of this case after drinking 3 soldiers who were mixed at home around September 30, 2012, which was the day when the crime of this case was committed. According to the fact-finding with G Hospital in this court, the defendant was aware of alcohol dependence and mental fissionization during his/her period from September 13, 2007 to October 4, 2007; the defendant was given hospital treatment and mental interview treatment twice from October 10, 207 to December 28, 2007; the defendant was given treatment and mental disorder treatment or treatment before and after the crime of this case; the defendant was given treatment and mental disorder treatment during the period from January 2, 2008 to October 11, 2008; the mental disorder and mental disorder treatment of this case; the defendant was determined at the time of the crime of this case; the mental disorder of this case from 00 to 15 months before and after the crime of this case.