The case holding that a person was in a mental condition under the influence of alcohol;

If the defendant was under the influence of alcohol at the time of committing the crime, and the woman was her body and was towed by a police box, and was unable to find out at all the police officers even before the police officer, it is reasonable to view that the defendant was in the state of loss of ability to distinguish things and make decisions at the time of committing the crime, if the defendant was investigated by a psychiatrist at around 11:0 am following the day.

Article 10 of the Criminal Act

Defendant

Prosecutor

Suwon District Court Incheon Branch (78 High Court Decision 98)

The prosecutor's appeal is dismissed.

The gist of the prosecutor's grounds for appeal is that the defendant mispercept the fact that the court below acquitted the defendant on the ground that the defendant committed this case under the condition of mental disorder although the defendant had a mental condition with a tobacco flock at the time of the crime of this case.

According to the evidence duly examined and adopted by the court below, even if the defendant was under the influence of alcohol at the time of the crime of this case and was carried out by a police box, he was led by the female's body, and the police officer was taken protective measures at front of the police officer, and the defendant was investigated by the mind only at no later than 1:00 a.m. on the following day. Thus, it is reasonable to view that the defendant was in the state of the ability to distinguish things and make decisions at the time of the crime of this case. Thus, the prosecutor's appeal to the court that concluded that the defendant was not in the state of mental disorder cannot be accepted because the defendant was found to have turned off at the time of the crime of this case, and that the defendant was not in the state of mental disorder.

Therefore, the prosecutor's appeal for objection is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-chul (Presiding Judge)