The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (defluence or mental or physical weakness) was under the influence of alcohol at the time of committing the instant crime, thereby having lost the mental or physical disability or mental weakness.

2. According to the evidence duly admitted and examined by the court below, the defendant was deemed to have completed the alcohol at the time of the crime of this case, but in light of the background of the crime of this case, method of the crime, the situation at the time of the crime and the subsequent circumstances, etc., the defendant had no or weak ability to discern things at the time of the crime of this case.

shall not be determined.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.