The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment, although the Defendant was at the time of committing the instant crime.

B. The punishment of the lower court (the burden of appraisal costs out of 10 months of imprisonment and the costs of lawsuit) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, mental disorder provided for in Article 10 of the Criminal Act is a biological element and needs to be determined by psychological factors other than mental disorder such as mental disorder or abnormal mental condition, which lacks or reduces the ability to discern things due to such mental disorder. Thus, even a person with mental disorder is not a mental disorder if he/she had normal ability to discern things or control action at the time of committing the crime, it cannot be deemed a mental disorder unless there are special circumstances, and it cannot be said that he/she requires a person with mental disorder to restrain his/her impulse and to take measures that cannot be expected to comply with the law. Thus, the determination of whether or not mental disorder exists and degree of mental disorder does not necessarily belong to the opinion of a specialized appraiser, and it does not necessarily belong to the type and degree of mental disorder, motive and cause of committing the crime, motive and attitude of the crime, behavior of the defendant before and after the crime, act of the defendant, act of the defendant before and after the crime, relationship between the defendant and his/her mental disorder before and after the crime and its occurrence within 297 times.