The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. Under the influence of alcohol at the time of committing the instant crime, the Defendant lacks the ability to discern things or make decisions.

Furthermore, there is a possibility that the defendant committed the crime of this case due to genetic mental illness.

B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disability and misapprehension of legal principles (including K’s statement submitted on October 23, 2019), the Defendant was deemed to have been drunk at the time of committing the instant crime, but in full view of the following facts and circumstances acknowledged by the lower court and the first instance court and the evidence duly admitted and investigated, the Defendant was in the state of lacking the ability to discern things or make decisions at the time of committing the instant crime (a state of mental or physical disability as prescribed by the Criminal Act).

A crime shall not be deemed to have been committed under the state that the person has no ability to discern things or make decisions due to or due to mental disorder.

Therefore, the defendant's assertion on this part is not accepted [excluding the crimes under Article 2 (1) 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the state of mental disorder caused by drinking or drugs

Article 10(1) and (2) and Article 11 of the Criminal Act may not apply to the commission of a crime (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Even if the Defendant’s assertion is acknowledged, comprehensively taking account of the following facts or circumstances, it is difficult to deem that the provision on mitigation of the Criminal Act is applicable to the case. ① When the Defendant’s statement and the preceding day’s oral statement are based on the K’s statement submitted on October 23, 2019 and the Defendant’s written statement for the denial of the Defendant (Article 10(1) and (2) and Article 11 of the Criminal Act (Article 20 of the Act on

The defendant remains diving.