A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness by drinking alcohol.

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

2. Determination

A. In light of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions due to drinking at the time of the instant crime.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. In light of the circumstances favorable to the defendant, such as the fact that the defendant acknowledged the crime of this case as to the illegal assertion of sentencing, the victim was injured, but the basic crime was committed, and there was a family member to support the defendant, even though the crime of this case was committed in favor of the defendant, the crime of this case was committed by assaulting the victim for the purpose of evading arrest as the victim discovered the defendant, and the victim was committed with the aim of evading arrest. The crime of this case is highly dangerous and there is no criminal liability. The defendant has been punished several times due to violent crimes such as larceny and bodily injury. In particular, the defendant committed the crime of this case without having been suspended execution during the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the time of the crime of this case, and the victim was injured with considerable mental impulse due to the crime of this case, and the sentence against the defendant was not received from the damaged person, and the sentence against the defendant against the defendant was committed by a smallest amount of punishment and imprisonment under the law.