A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was drunk, and was unable to discern things or make decisions.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the argument of mental and physical weakness, it is recognized that the defendant was a drinking state at the time of the crime of this case.

However, in full view of the background and process of the instant crime, the Defendant’s act before and after the instant crime, etc., the instant crime was committed under the lack of the Defendant’s ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's above assertion is rejected.

B. As to the unfair argument of sentencing, the fact that the defendant recognized and reflecteds the crime, and that the victim K agreed with the victim is favorable.

However, the crime of this case is committed in light of the following facts: (a) the defendant without money, without money, entered a singing room and received entertainment workers, and thus the nature of the crime is bad; (b) the defendant has been punished for the same crime more than 40 times; (c) the defendant has completed the execution of imprisonment with prison labor for the same kind of crime; and (d) the defendant has committed the crime of this case only for about four months; (c) the other victims have not recovered from damage; and (d) other various conditions of sentencing on the records and arguments of this case, including the defendant's age, sex, and environment, the sentence imposed by the court below is not heavy.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant are without merit. It is so decided as per Disposition.