A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. Taking into account the following: (a) the fact that the criminal defendant led to the confession of the offense; (b) the accomplice C paid 100,000 won for repair to the victim in the event of damage to joint property; (c) the defendant made efforts to recover damage by depositing the victim I with the victim I in the course of the judgment of the court below on December 29, 2015, when the judgment imposing imprisonment with prison labor for the instant crime becomes final and conclusive, the suspension of execution, such as the injury committed before the crime, should be invalidated; and (d) the fact that there is a family member to support the defendant, the sentence (6 months) imposed by the court below is too unreasonable.

2. Determination

A. In light of the background and method of each of the instant crimes, the method and method of each of the instant crimes, the circumstances at the time of each of the instant crimes, the Defendant’s speech and behavior, etc., at the time of each of the instant crimes, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions

It does not appear.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of committing each of the instant crimes.

In light of the fact that the Defendant had been punished for committing a crime related to violence under the influence of alcohol several times prior to each of the instant crimes, the Defendant predicted the risk of the crime of violence, etc. that may occur after drinking, and was found to lack the mental and physical weakness.

Therefore, the above act by the defendant as above constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, the mental and physical weakness cannot be mitigated.

Therefore, the defendant's mental disorder is not accepted.

B. The defendant's judgment on the unfair argument of sentencing.