A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of having lost the ability to discern things or make decisions.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances, such as the Defendant’s volume of drinking at the time of the instant crime, attitude and speech before and after the instant crime, the content and method of the crime, the details of the Defendant’s statement by the witness at the time of the crime, and the circumstances after the crime, etc., it does not seem that the Defendant was in a state of having lost the ability to discern things or make decisions, even though he was aware that he was somewhat drinking at the time of the instant crime.

Furthermore, the Defendant was unable to commit the instant public performance and obscenity due to alcohol.

Even if the Defendant had a record of suppressing or creating a problem in a series of crimes under drinking, and the Defendant dices alcohol so that he/she can proceed to such a state by being well aware of it, this constitutes a free act in the so-called cause under Article 10(3) of the Criminal Act.

Therefore, the defendant's assertion of mental disorder is without merit.

B. The fact that the Defendant’s judgment on the assertion of unreasonable sentencing acknowledges each of the instant crimes and appears to be against the Defendant is favorable to the Defendant.

On the other hand, the defendant had a record of criminal punishment several times due to indecent act by compulsion, fraud, larceny, etc., and in particular, on September 9, 2009, the defendant was sentenced to imprisonment with prison labor for three months and two years of suspended execution on September 17, 2009, which became final and conclusive at the Gwangju High Court on May 19, 201, repeats the crime of indecent act by compulsion, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), and imprisonment with prison labor for fraud.