The defendant's appeal is dismissed.

1. The court below dismissed the prosecution against the assault of the facts charged in the instant case, and convicted all the remaining facts charged, respectively.

Accordingly, since the defendant appealed against the guilty portion of the judgment below, the dismissed portion of the above indictment becomes separate and definite as it is upon the expiration of the appeal period, shall be excluded from the scope of the judgment of this

2. Summary of reasons for appeal;

A. The Defendant, who was mentally and physically weak, at the time of committing each of the instant crimes, should be mitigated from punishment given that he/she was physically and mentally weak due to mental illness and drinking

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

3. Determination

A. 1) Determination on the assertion of mental or physical weakness is a biological element, which requires that mental disorder, such as mental illness or abnormal mental condition, as well as psychological disorder, is lacking or reduced in the ability to discern things due to such mental disorder. Thus, even if a person with mental disorder is a person with mental disability, if he/she had normal ability to discern things or control behavior at the time of committing the crime, he/she cannot be deemed a mental or physical disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007, etc.). In full view of the evidence duly adopted and investigated by the court below, the evidence duly adopted and investigated by the court below is deemed to have the history of treating the defendant with uneasiness, and the fact that the defendant committed each of the crimes of this case while drinking, is deemed to have been aware that the defendant stated in an investigative agency by relatively accurate memory of the process of the crime of this case, the content and method of the investigation by the court below, how and how the crime was conducted before and after the crime, the victim's intent or ability of this case, etc.

shall not be deemed to have been approved.