The defendant's appeal is dismissed.

The defendant was under the influence of the defendant at the time of committing the crime, and was in a state of mental disability.

Judgment

According to the records, even though the Defendant was aware of drinking at the time of committing the crime, in light of various circumstances recognized by the evidence duly adopted and investigated by the lower court, such as the background, means and methods of the crime, and the circumstances after the crime, it is not determined that the Defendant had the ability to discern things or make decisions due to drinking at the time of committing the crime.

In addition, Article 10(2) of the Criminal Act, which was amended by Act No. 15982 on December 18, 2018, provides that "the act of a person who lacks the ability to discern things or make decisions due to mental disorder, may be mitigated from punishment."

Therefore, even if the defendant was in a state of mental disability, the punishment can be voluntarily mitigated, so it cannot be said that the court below erred in the misapprehension of the judgment on the sole ground that the defendant did not have any legal mitigation due to mental disorder.

The argument about mental disability is without merit.

The sentence imposed by the court below (one year and six months of imprisonment) on the argument of unfair sentencing is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the Defendant, there is no significant change in the sentencing conditions compared to the lower court in the trial.

The fact that the defendant seems to repent the wrong, the fact that there is no particular criminal history except the fact that the defendant was ordered to suspend indictment in the Republic of Korea, the intrusion place is a multi-household residential space, not an intrusion into an individual household, but an indecent act is an attempted crime.