A. At the time of committing the instant special robbery, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence of an unreasonable sentencing (the crime of Article 2-A of the original decision: a fine of one million won, the second-B of the original decision, and the crime of two years and six months) of the original decision is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the claim of mental retardation, it is difficult to view the defendant at the time of the crime of special robbery in this case to have reached a state where the defendant lacks the ability to discern things or make decisions, and the judgment of the court below to the same purport is just, and the defendant's allegation in this regard is without merit.

1 At the time, the Defendant, together with the Defendant, refers to the “J” located in Ansan-si, which is the place of committing the special robbery of this case.

에 갔던 H는 검찰에서, “피고인과 S 역 근처 T 식당에서 만났는데, 둘이서 양념 갈비 2인분, 소주 3병 정도를 먹은 후 피고인이 ‘노래방에 가자.’라고 하여 제가 ‘돈이 없다.’고 하자, ‘내가 알아서 할 테니까 잔말 말고 따라 와라.’라고 하여 이 사건 주점에 가게 된 것입니다.”, “이 사건 주점에 들어가서 술을 시키고 아가씨가 들어오기 전에 피고인이 ‘내가 소리 지르고 하면 무릎을 꿇는 시늉을 하라.’라고 하였습니다.”라고 진술하였다.

Nos. 386, 387 of evidence record No. 1, and the Defendant stated in the prosecutor’s office that “the drinking value was known and paid by him/her, and that he/she went together with H and singing. There was an intention to pay the drinking value from the beginning.”

In light of each of the above statements of evidence No. 363, the defendant did not commit any crime of special robbery in this case in a contingency under the influence of alcohol, but did not commit any crime of special robbery from the beginning.