A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to the use and drinking of depression.

B. The sentence of the lower court (three months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, the defendant was deemed to have had the ability to discern things or make decisions due to drinking or taking drugs, etc. in light of the circumstances leading up to the crime, the means and method of the crime, and the behavior and circumstances of the defendant before and after the crime.

does not appear.

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

B. In light of the following: (a) the Defendant appears to have committed a contingent crime in the oral transport; (b) the Defendant did not want to punish the Defendant; (c) the Defendant recognized the Defendant’s mistake; and (d) the Defendant took an attitude of profoundly reflecting the character of the Defendant’s wife; and (c) family members and branch members want to take the Defendant’s preference.

However, without any reason, the crime of this case is committed against the victim and his customers, and the defendant continued to wear a warning and return home even after receiving a report from the police officer upon receiving the report. In light of the circumstances of the crime, etc., the crime of this case has been committed 32 times of violence including two times of suspended execution, and in particular, the defendant has been sentenced to 3 years of suspended execution on October 201 and again committed the crime of this case during the suspended execution period (in addition to the crime of this case, the records of punishment for a fine during the suspended execution period are added twice).