Determination of mental disorder caused by drinking and the summary of appraisal by a professional doctor;

The issue of mental disorder caused by drinking shall not be determined by the expert doctor in consideration of all the materials recorded in the record and the statement of the accused in the court, and it shall not be necessarily decided by the expert doctor.

Article 10 of the Criminal Act

Supreme Court Decision 84Do527 delivered on April 24, 1984, 84Do395 Delivered on December 26, 1984

Defendant

Defendant

Attorney Choi Jae-in

Daegu High Court Decision 85No493 delivered on May 14, 1985

The appeal is dismissed.

The defendant and his defense counsel's grounds of appeal are examined.

Examining each evidence at the time of the judgment of the court of first instance maintained by the court below compared with the records, since the judgment of the court of first instance was under a little alcohol at the time of the crime in this case, but this did not lose the ability to distinguish things or make decisions, or did not lack the ability to do so, and thus rejected the defendant's claim of mental disorder or mental and physical disability, and the decision of mental and physical disorder caused by drinking does not necessarily have to be judged by the expert opinion, considering all the materials indicated in the records and the statement, etc. of the defendant in the court, and it is without merit. The sentencing of the defendant seems to be reasonable in light of the records, since the court of first instance was conducted under the influence of several alcohol at the time of the crime in this case, it does not seem that there is a significant reason to recognize that the sentencing of the court below is extremely unfair. The arguments are groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)