A. At the time of the instant case, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

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

2. Determination

A. According to the records on the determination of the allegation of mental disorder, the fact that the defendant was somewhat in a drunken state at the time of committing the instant crime is recognized.

However, in light of various circumstances acknowledged by the evidence examined by the court below, such as the background leading up to the crime, the means and method of the crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in this case

It does not seem that there was any or weak state.

Therefore, the defendant's above argument about mental disorder cannot be accepted.

B. The Defendant appears to have committed the instant crime in entirety and divided his mistake.

In addition, the Defendant appears to have committed each of the crimes in this case under the influence of alcohol at the time.

In addition, the extent of interference with the defendant's business of this case is not much serious, and the damage of victims caused by damage and larceny is minor, the defendant has reached the trial for the first time, resulting in a smooth agreement with the victim D, and if a sentence is sentenced due to the crime of this case, the suspension of execution imposed on April 17, 2014 by the defendant for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. (a collective action, a deadly weapon, etc.) shall be revoked, and the defendant shall additionally serve one year and six months in prison in favor of the defendant.

However, the crime of this case was committed by the Defendant at the convenience store operated by the victim D without any particular reason under the influence of alcohol, and was committed in front of the calculation unit.