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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the physical and mental weakness Defendant and the person who requested the attachment order (hereinafter “Defendant”) were under the influence of alcohol at the time of committing the instant crime, and thus, the sentence ought to be mitigated.
2) The punishment sentenced by the court below against the defendant (the punishment of four years of imprisonment and the fine of two million won, the disclosure and notification order of the court below) is too unreasonable.
B. The lower court’s order to attach an electronic tracking device to the Defendant for a period of 10 years is too harsh to order the Defendant to attach an electronic tracking device.
2. Determination on the defendant's case
A. The mental and physical disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental and physical weakness requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or reduces the ability to discern things or control action accordingly. 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 and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly admitted and investigated 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, namely, the circumstance where the defendant drinks with the victim in an investigative agency, the circumstance where the defendant spawn the victim's neck and spawn the part of the victim's bridge beyond the floor, etc., and the overall and detailed statement in a concrete and detailed manner, such as the background and means of the crime of this case, the behavior of the defendant before and after the crime of this case, the defendant's drinking amount, and the defendant's attitude of statement in an investigative agency, etc., the defendant has the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.