The defendant's appeal is dismissed.

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and sentenced the remainder to a conviction.

In regard to this, only the defendant appealed, and the reason for appeal shows to the effect that the part of the judgment of the court below was found to be guilty, and that the defendant's appeal for the defendant is heavy, and furthermore, since the defendant's appeal for the defendant is a claim for a judgment favorable to him by correcting a disadvantageous judgment against the defendant, the defendant shall not have the right to appeal unless the judgment is disadvantageous to him, and if the judgment dismissing the public prosecution was rendered, the defendant shall not have the right to appeal against it, and it is beyond the risk of conviction due to his return to the absence of the institution of the public prosecution, and the judgment cannot be deemed to be disadvantageous to the defendant (see, e.g., Supreme Court Decision 85Do1675, Nov. 8, 198). In light of the fact that the defendant

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing a guilty part of the judgment of the court below, and was in a state of mental disorder or mental disability.

B. The sentence of the guilty portion of the judgment of the court below on unreasonable sentencing (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable.

3. Determination

A. In order to determine the assertion of mental disorder under the Criminal Code 1 as to the assertion of mental disorder, the act must be in a state of mental disorder at the time of committing the crime only on the sole basis of the fact that the person was unable to be aware of the illegality of the act or to act as a result of his/her mental disorder because he/she was unable to act as a result of his/her mental disorder or as a result of his/her perception.