The defendant's appeal is dismissed.

1. The gist of the grounds for appeal was as follows: (a) the Defendant was under the influence of alcohol at the time of committing the instant crime, thereby getting mentally and physically lost or physically weak.

2. According to the records, even though the defendant was aware of the fact that he was drinking at the time of the crime of this case, in light of various circumstances, such as the background leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and thus, the above assertion by the defendant

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 70(1) and Article 69(2) of the Criminal Act in the fourth column for the application of the statutes in the lower judgment is clear that the “Article 70(1) and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)” is a clerical error in the “Article 70 and Article 69(2) of the former Criminal Act. Therefore, the ex officio correction is made pursuant to Article 25(1) of the Rules on the Criminal Procedure.”