The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the misapprehension of the legal doctrine on mental and physical weakness, the Defendant suffered symptoms, such as livering and patrine due to the liveral disease, etc., and was physically and mentally weak, such as symptoms showing patriarche while under the influence of alcohol at the time of the instant crime. As such, punishment should be mitigated.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The mental 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, which lacks or reduces 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, such mental disorder shall not be deemed a mental and physical disorder (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, it is recognized that the defendant was a disabled person with disability 3, such as cerebral disease, and was under the influence of alcohol at the time of committing the instant crime.

However, the following circumstances acknowledged by the above evidence, i.e., that the defendant voluntarily stated that “it does not interfere with conversations and understanding even if there is disability” at the time of the police investigation (Evidence 68 pages of evidence record), and the defendant did not make any statement from the investigative agency to the court of the court below to the effect that he had experienced a call symptoms at the time of the crime in the course of making a statement several times from the investigative agency to the court of the court below. The defendant was irrelevant to the disability rating or diagnosis name of the defendant, and the defendant was drunk at the investigative agency at the time of the crime in this case.

At the same time, after being released from the prison on the day of the instant crime, the criminal records and developments leading up to the place of the instant crime are time.