The defendant's appeal is dismissed.

The Defendant with mental and physical disorder in the gist of the grounds for appeal is subject to mitigation or exemption inasmuch as he/she was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

Judgment

A. The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental disorder requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with a mental disorder is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined 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, in light of the following circumstances acknowledged by the above evidence: (a) the motive and circumstance leading up to the Defendant’s commission of the instant crime at an investigative agency; (b) the Defendant’s act at the time of the commission of the instant crime; and (c) the background and method of the instant crime; (d) the Defendant’s act before and after the instant crime; and (e) the Defendant’s statement attitude in the investigative agency, etc., the Defendant was in a state that he lost or lacks the ability to discern things

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of determining the illegality of sentencing was committed by the Defendant on October 15, 2014, which led to the injury of the Defendant on the part of the victim by cutting down the stroke floor and cutting down the stroke, and taking the strokes containing cash, and the nature of the relevant crime and the method of committing the crime was very poor, and the Defendant is the Changwon District Court on October 15, 2014.