The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have the intention to kill the victim at the time of committing the instant crime.

B. At the time of the instant crime, the Defendant was under the influence of alcohol, and was in a state of mental disorder having weak capacity to discern things or make decisions.

C. The lower court’s imprisonment with prison labor is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant asserted the same purport as the argument of misunderstanding of facts or misapprehension of legal principles, and the lower court determined that at the time of committing the instant crime, the Defendant was guilty of murdering the victim, based on the legal principles and circumstances of the judgment, and rejected the Defendant’

In comparison with records based on the relevant legal principles, such determination by the court below is just and acceptable, and it cannot be said that there was a mistake of mistake or misapprehension of legal principles as alleged in the grounds for appeal.

Therefore, this part of the defendant's argument cannot be accepted.

B. According to the record as to the assertion of mental disorder, it is recognized that the defendant was in the state of drinking alcohol at the time of the crime of this case.

However, in light of the statement made by the Defendant at the investigative agency immediately after the crime of this case, even if the Defendant appears to have been unable to completely memory the situation before and after the crime of this case, it is insufficient to view that there was a mental and physical state where the Defendant had the ability to discern things or make decisions with respect to the Defendant at the time of committing the crime, solely on the fact that the Defendant dices alcohol and cannot memory part of the crime.

Even if the defendant is assumed to have reached the state of mental disorder at the time, Article 10(3) of the Criminal Act regarding the application of mental disorder predicts the occurrence of danger.