The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, who has not been physically and mentally weak, committed the instant crime under the influence of mental illness and drinking, such as depression, etc., punishment should be mitigated.

B. The punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. The mental and physical 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 such as mental disorder lack or decrease in 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, he cannot be deemed a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly admitted and investigated by the court below, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime is recognized.

However, the following circumstances acknowledged by the above evidence, i.e., the Defendant’s motive to commit the instant crime at an investigative agency, the background and method of committing the instant crime, etc., and stated the Defendant in a concrete and detailed manner after committing the instant crime, and that he/she was the police officer dispatched to the scene after committing the instant crime.

In light of the fact that the Defendant did not have been diagnosed or treated with mental illness, such as depression, etc., the circumstance and method of the instant crime, the Defendant’s behavior before and after the instant crime, the amount of drinking by the Defendant, and the Defendant’s attitude of statement in the investigative agency, etc., the Defendant had weak ability to discern things or make decisions due to mental illness or drinking at the time of the instant crime.

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The instant case’s determination on the unfair argument of sentencing.