The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically under the influence of alcohol at the time of committing the instant crime, ought to be mitigated from punishment.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Determination

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 lack or decrease in 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, the following circumstances acknowledged by the above evidence are as follows: (a) not only the process of committing the crime in an investigative agency, but also the process of arresting the police officer when the defendant escaped by being discovered to the scam of the victim while committing the crime; and (b) the defendant was found to have been aware of the victim's scam.

In light of the fact that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s attitude to make a statement in the investigative agency, etc.

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The instant crime of determining the illegality of sentencing was committed by the Defendant by intrusioning on the house in which the aged victim is married.