A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol so as to discern things or make decisions.

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, the defendant is recognized to have a certain degree of drinking alcohol at the time of each of the crimes in this case.

However, in light of the circumstances leading up to each of the instant crimes, the method of committing the instant crimes, the Defendant’s act before and after the instant crimes, etc., it does not seem that the Defendant did not have reached a state where the right to discern things or make decisions are lacking.

Even if the Defendant committed each of the instant crimes, he was physically and mentally weak.

Even though a person who has been punished several times for the same kind of crime under drinking and was able to have predicted or predicted the risk of committing the same crime under the influence of drinking in the event of drinking, the defendant has caused a person's mental and physical weakness and caused the same crime. As to such acts of the defendant, Article 10 (3) of the Criminal Act is applied, and the punishment for the same crime cannot be mitigated due to mental and physical weakness.

Therefore, the defendant's argument about mental and physical weakness is rejected.

B. The fact that the defendant agreed with some victims to determine the unfair argument of sentencing, and that the defendant is both aware of his or her mistake and reflects it is favorable for the defendant.

However, the court below's punishment is too unreasonable because the defendant had already been sentenced to punishment for the same kind of crime, and the defendant did not know about the fact that he had been committed for each of the crimes of this case without being aware of the fact that he had been committed for the same crime, and considering various circumstances revealed in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime, etc.