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 (five years of imprisonment) 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, each of the following circumstances acknowledged by the above evidence, namely, opening a room room from the 5th to the 3rd floor of the defendant, and confirming that the visit to the 308 defense room, which is the place where the crime was committed, was not corrected, and opening a door immediately after the crime of this case and opening the door, and immediately following the crime of this case, whether the Mour reported damage to the victim at the above 308 defense room, and the defendant "I am in the south of the 308 defense room."

“In light of the fact that the Defendant was about to flee, the act of the Defendant before and after the commission of the crime, the drinking amount of the Defendant’s drinking at the time of the crime, and the attitude of the Defendant’s statement in the investigative agency and the court of the original instance and the court of the trial, etc., the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

shall not be deemed to exist.

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

B. The Defendant’s judgment on the wrongful argument of sentencing is against the view of the instant crime instead.