The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from a mental disorder due to the symptoms of alcohol dependence by, and the use of alcohol, such as dependence on alcohol or hearing a state of alcohol while drinking, and thereby, was in a state of mental disorder.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disorder as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated in the judgment of mental disorder is a biological element, and it is necessary to say that the mental disorder is lacking or reduced in the ability to distinguish things and to control action accordingly as a psychological element except for the mental disorder such as mental disorder or abnormal mental condition. 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 disorder if he/she had the ability to distinguish things or control action (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). Meanwhile, the existence of mental disorder is a legal issue that should be determined by the court in light of the purpose of punishment system. However, in its judgment, the court does not necessarily necessarily have to be bound by the opinion, and it should be judged independently by taking into account not only the result of such appraisal, but also all the data shown in the records such as the background, means, and actions of the defendant before

(See Supreme Court Decision 96Do638 delivered on May 10, 1996, etc.). According to the diagnosis and notice of the result of a mental appraisal among the evidence duly adopted and examined by the court below and the court below, it is recognized that the defendant has a mental disorder of the ex post facto and Maternal disease(mental division). In particular, as a result of the above mental appraisal, the defendant's appraiser P and Qu in the Medical Treatment and Custody Center's appraisal of the above mental appraisal, the current pulmonary accident, sporasical accident, damage net, damage network, and dynamic.