All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s appeal 1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and was unable to discern things or make decisions due to the side effects of arbitrarily suspending the use of clothes with the mind and drugs used to treat uneasiness and depression disorder, etc., or was in a state of lacking the ability to discern things or make decisions.

Nevertheless, the court below held that the defendant has a mental disorder.

It was illegal because it was not judged.

2) The sentence sentenced by the lower court to the Defendant (two years and six months, etc. of imprisonment) is too unreasonable.

B. The reasoning of the prosecutor’s appeal that the court below rendered against the defendant is too unfasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below, the defendant was somewhat drunk at the time of committing the instant crime.

However, in light of the following circumstances acknowledged by the above evidence, namely, the background and means of the instant crime, the Defendant’s conduct before and after the instant crime, and the Defendant’s attitude to make a statement in an investigative agency, the Defendant was under the influence of alcohol and was in a state of loss of, or lack of, the ability to make a decision on, the object at the

shall not be deemed to exist.

In addition, according to the medical records of the Defendant submitted by the Defendant to the Defendant’s defense counsel in the first instance trial, it is recognized that the Defendant received the diagnosis of “a single Epid without any symptoms of early depression,” “a single Epid with no symptoms of mental disorder,” “mix unecure and depression,” and “mixecure and depression,” which is a mental and medicine, from the time to November 20, 2017, and “a fact that he took place by prescribing meat, etc.” and “amend with meat, etc.” which is a mental and medicine, from the time on September 8, 2017.

However, the Defendant “the result of factual inquiries to the Korean Medical Association.”