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 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 appear that the Defendant did not have the ability to discern things or make decisions due to drinking.

B. Considering the motive and method of the instant crime committed by the Defendant, the circumstances after the instant crime, and the Defendant’s age and character and behavior, etc., 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.