The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental or physical weakness, at the time of committing each of the instant crimes, should be mitigated inasmuch as he/she was physically and mentally weak at the time of the instant crime.

B. The sentence sentenced by the lower court to the Defendant (one hundred months 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, it shall not be deemed a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly admitted and examined by the court below, the fact that the defendant was under the influence of alcohol at the time of committing each of the crimes in this case is recognized.

However, the following circumstances acknowledged by the evidence, i.e., the Defendant’s commencement of medical treatment with the symptoms of alcohol dependence, is from the date of committing each of the instant crimes, and before that, it appears that the Defendant did not have received diagnosis or medical treatment due to the above diseases (of note, 73 of the trial record). The Defendant did not assert that the Defendant suffers from liver quality even at the time of receiving a criminal trial due to a special intimidation against the former wife C from May 18, 2015 to July 13, 2016, an attempted crime against the present state building and fire prevention, etc. (the Changwon District Court through the Changwon District Court 2016 High Court 61, the Busan High Court 2016No394). Rather, at the time of being examined for the police due to each of the instant crimes, the Defendant did not assert that the Defendant suffers from liver quality at the time of receiving a criminal trial due to any of the instant crimes.

“(Evidence No. 55 pages)” was written;

The Defendant, as a substitute for the motive, background, and method of committing each of the instant crimes in an investigative agency, shall be memoryed in detail.