A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

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

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the Defendant was deemed to have drinking alcohol at the time of the instant crime, in light of the following: (a) the Defendant’s walk on CCTV images taken by the victim E at the time of the instant crime, in particular, when considering the following: (b) the Defendant’s walk on the CCTV images taken by the victim E at the time of the injury; and (c) the Defendant’s strabbing and threatening the victim E, it does not seem that the Defendant was in the state of mental and physical disorder

In light of various circumstances, such as means and methods, the defendant's speech and behavior before and after the crime, the victims' statements, etc., the defendant did not have the ability to discern things or make decisions due to drinking.

Therefore, this part of the defendant's assertion is without merit.

B. On October 9, 2013, the Seoul High Court sentenced the Defendant to two years of imprisonment on April 26, 2012 due to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and committed the instant crime even if the Defendant was a repeated offender on October 9, 2013, and all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, the background and result of the instant crime, and the circumstances after the instant crime, are considered to be too unreasonable, and thus, the court below’s punishment is deemed to be too unreasonable.