The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, while drinking alcohol and divinging alcohol under the influence of influences, committed the instant crime, which led to noise from the victim’s house. While under the influence of alcohol, the Defendant was in a state of weak ability to discern things or make decisions.

Nevertheless, the judgment of the court below was unlawful because it was against the defendant's mental disorder.

2. According to the evidence duly admitted and examined by the court below, it cannot be deemed that the defendant had the ability to discern things or make decisions due to drinking, in light of various circumstances, such as the course, process, means and method of the crime of this case, and the statement and behavior of the defendant before and after the crime of this case, even though the defendant was found to have drinking at the time of the crime of this case.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.