The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically under the influence of alcohol at the time of committing the instant crime, ought to be mitigated from punishment.

B. The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental and physical weakness requires not only mental disorder such as mental illness or abnormal mental condition but also mental disorder such as mental disorder lack or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, he cannot be deemed a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly admitted and investigated 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: (a) the Defendant, at the time of the police investigation, has made a concrete and detailed statement on the process and method of the instant crime; and (b) CCTV images in which the Defendant fleded immediately after the instant crime, the Defendant’s secret-distance does not appear to act under the influence of alcohol, such as the process and method of the instant crime; and (c) the Defendant’s act before and after the instant crime was committed; (d) the Defendant’s behavior before and after the instant crime was committed; (e) the Defendant’s attitude toward the Defendant’s statement at the investigative agency; and (e) in light of the background and method of the instant crime;

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The instant crime of determining the illegality of sentencing is a victim depending on the elderly victims who were home by the Defendant.