The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. The Defendant was suffering from alcohol dependence, and at the time of the instant crime, the Defendant was in a state of weak ability to distinguish things from alcohol dependence and make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In order for a person to be deemed to have suffered from mental disorder by drinking alcohol as a result of judgment on the claim for mental disorder, it may be considered when drinking at least there has been a significant impediment to consciousness, or when an abnormal symptoms such as decliation or urine have been revealed, and at the time of committing the crime or thereafter, he/she may memory or think about about his/her criminal act, and unless there have been any abnormal symptoms such as a significant obstacle, sense, or loss of consciousness, and there is no military phenomenon in the body, the criminal act under such circumstances cannot be deemed as an act attributable to mental disorder.

(2) In light of the aforementioned legal principles, the Defendant was in a state of mental disorder at the time of committing the instant crime, and according to the evidence duly admitted and investigated by the lower court, and was found to have been suffering from alcohol dependence before committing the instant crime, but was in a state of drinking at the time of committing the instant crime. However, considering the motive, background, method, and mode of the instant crime, the Defendant’s motive, method of committing the instant crime, and the Defendant’s statement and attitude at an investigative agency after the instant case and after the instant eight days, it does not appear that the Defendant had the ability to discern things or make decisions due to mental or physical disorder at the time of stopping the instant crime.

Therefore, the defendant's argument on this part cannot be accepted.

B. The Defendant, while under the influence of alcohol, expressed a desire to do so to the victim D, who is the visually disabled, without any particular reason.