A. The Defendant was in a state of mental and physical loss under the influence of alcohol at the time of committing each of the instant crimes.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant is deemed to have been under the influence of alcohol at the time of each of the crimes of this case, but in light of the circumstances leading to each of the crimes of this case, the specific method of crime, the defendant's behavior and attitude before and after the crime, and the statement of the defendant as to the crime of this case, etc., the defendant was in the state of having no ability to discern things or make decisions, or of lacking ability to make decisions

shall not be deemed to exist.

B. The fact that the Defendant recognized all of the instant crimes, the degree of injury of the victims, etc. is not significant, should be considered favorably.

However, when the defendant, who is the offender, threatened the victim E with a dangerous object and detained the injury, the defendant found the main points operated by the above victim and obstructed the business by forcing the above victim to reach an agreement in a criminal case, avoiding disturbance, and committing the above victim. On the following day, the defendant forced the victim to find several times at the above main points and forced the victim to enter into an agreement, and exercising violence against the victim and drinking the victim, and the crime is not significantly good in terms of the motive and method of the crime.

Although the defendant has long been serving as a violent crime, he has served two times as a prison term, and has been punished several times by exercising violence under the influence of alcohol.

In addition to these circumstances, the sentencing of the lower court cannot be deemed to be unfair because it is too unreasonable in light of all the conditions of sentencing, including the Defendant’s age, environment, sex, and family relationship.

3. Thus, the defendant's appeal is correct.