A. The Defendant with mental or physical disorder is under the influence of alcohol at the time of committing the instant crime, and thus, he/she ought to be mitigated or exempted from punishment.

B. The punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental disorder requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with a mental disorder is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime is recognized.

However, in light of the following circumstances acknowledged by the above evidence, namely, the fact that the Defendant, as a substitute for the motive, process, and method of the instant crime, stated in a specific and detailed statement in the order of time in the investigative agency on the motive, method and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement attitude in the investigative agency, etc., the Defendant had lost or weak ability to discern things at the time of the instant crime.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of determining the illegality of sentencing is an attempted attempt to murder the body of the victim with a knife by dividing the body of the victim from a person who was suffering from a person who was suffering from drinking alcohol, and the crime of this case is very poor in the nature of the crime and the method of committing the crime of this case.