A. Although the Defendant was guilty at the time of each of the instant crimes and was in a state of mental disorder, the lower court did not reduce the punishment due to mental disorder, so the lower court erred by misapprehending the legal principles concerning the determination of facts or misapprehension of the legal principles as to mental disorder.

B. The sentence imposed by the lower court on the assertion of unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is recognized that the defendant had dice a considerable amount of alcohol exceeding the ordinary amount of alcohol prior to each of the crimes in this case, but in light of various circumstances such as the background and method of each of the crimes in this case recognized by the above evidence, the defendant's speech and behavior before and after the crime in this case, it is not deemed that the defendant had a weak ability to distinguish things or make decisions under the influence of alcohol at the time of each of the crimes

Even if the Defendant was in a state of mental and physical disability by drinking alcohol at the time of each of the instant crimes, according to the aforementioned evidence, even if the Defendant was in a state of mental and physical disability, it can be acknowledged that the Defendant was sentenced to a fine and a suspended execution for seven times as he committed an act of violence and obstruction of performance of official duties, etc. under the influence of alcohol, and that the Defendant was sentenced to a fine on seven occasions after being under the influence of alcohol. In light of the above facts, the Defendant could be deemed to have caused mental and physical disability by drinking, even if he predicted or predicted that he could block various violent crimes under the influence of alcohol, even if he was able to have predicted or predicted that he could commit such crimes under the influence of alcohol.