A. The Defendant was using a mental medicine above the spirit due to normal alcohol alcoholism. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after the crime of this case, etc., it cannot be deemed that the defendant was in a state of distinguishing things or of lacking ability to make decision due to drinking or alcohol dementia at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

B. Although there are circumstances favorable to the Defendant, such as the fact that the damaged goods for judgment on the unfair argument of sentencing were returned to the victim to a certain extent, that the Defendant’s health status is not good for the aged, and that the Defendant recognized all the facts charged of this case and reflected, the Defendant had been punished at least 10 times, including the previous conviction of several times due to the larceny crime. In particular, the Defendant committed the instant crime during the repeated offense period due to the attempted special robbery, and that some damaged goods were destroyed and damaged, thereby recovering the entire damage.

In light of the records and arguments of this case, considering the fact that the victim is punished by the defendant, there is no special change in circumstances that could change the punishment of the court below after the decision of the court below was made, and other conditions of sentencing as shown in the records and arguments, such as character, conduct, environment and circumstances after the crime, the court below's punishment is too unreasonable, and therefore, the defendant's assertion on this part is justified.