Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Part of the defendant's case

A. The summary of the grounds for appeal (i.e., the defendant with mental disability "the defendant and the person to whom the attachment order is requested" are applied.

At the time of committing the instant crime, the symptoms such as sulfur disorder and alcohol addiction were in a state of mental suffering.

B. The sentence of unfair sentencing (four years of imprisonment) by the court below is too unreasonable.

B. Determination of mental and physical disorder (i) and determination of the degree of mental and physical disorder shall not be bound by the opinion of a professional appraiser as a legal judgment, but may be independently determined by the court by taking into account all the circumstances, including the type and degree of mental illness, motive and circumstance of the crime, means and manner of the crime, the behavior of the defendant before and after the crime, and the degree of reflection

(See Supreme Court Decision 2007Do3391 Decided July 12, 2007, Supreme Court Decision 2007Do8333, 2007Do222 Decided November 29, 2007, etc.). The phenomenon where a crime was committed due to his/her failure to suppress his/her impulse is likely to be found even for a normal person. Thus, barring special circumstances, it cannot be said that a person with the above nature defect requires acts that cannot be expected to restrain his/her impulse and demand compliance with the law, barring special circumstances. Thus, it is reasonable to deem that, in principle, the defect, such as shock disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

(See Supreme Court Decision 2002Do1541 Decided May 24, 2002, Supreme Court Decision 2008Do9867 Decided February 26, 2009, Supreme Court Decision 2010Do14512 Decided February 10, 201, etc.). According to the evidence duly adopted and examined by the court below and the trial court, it is recognized that the Defendant had been treated as a hospital with the symptoms, such as the proof of alcohol dependence and the proof of sulfur disorder, etc. in the past, and that the Defendant had been drinking prior to committing the crime.

According to the mental appraisal reply of the Director of the Public Medical Treatment and Custody Office, the defendant is temporarily under the continuous drinking according to alcohol habit.