A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disability or mental health disorder due to the use of drinking and depression.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and fine of five hundred thousand won) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, it is recognized that the defendant was in the state of drinking at the time of each of the crimes in this case, and was prescribed by the Ordinance of the Ministry of Health and Welfare.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant cannot be deemed to have been in a state of mental or physical disability due to drinking, etc. at the time of each of the instant crimes.

Therefore, the defendant's argument on this point is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(2) In light of the aforementioned circumstances, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion by taking account of the following factors: (a) the Defendant’s age, character and behavior, family relationship, motive and circumstance of the crime, and all sentencing factors indicated in the instant records and arguments, including the following: (b) under favorable circumstances in which the Defendant recognized and reflects the crime; (c) the degree of the exercise of tangible power is relatively heavy; and (d) the Defendant has been punished by multiple crimes related to violence; and (e) the Defendant has committed a second offense during the period during which the same crime was suspended; and (e) there is no special circumstance or change in circumstances that may be newly considered in sentencing in the trial; and (e) the Defendant’s age, character and behavior, family relationship, motive and circumstance of the crime; and (e) all sentencing factors indicated in the instant records and pleadings, including the circumstances

Therefore, it is true.