A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court in its determination on the assertion of mental and physical disorder, it is recognized that the Defendant had drinking alcohol to a certain extent at the time of the instant crime, but in light of the background, content, means, methods, and circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

It is not recognized that there was or was a weak state.

The defendant's mental disorder is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is against the wrongness of the crime, and does not seem to have committed a crime for the purpose of preventing other crimes, and it appears that not only intelligence is low, but also the personality has not been formed properly by growing up in an influence environment.

However, the Defendant had been punished several times for committing sexual assault or larceny. The instant crime was committed by the Jeju District Court on April 12, 2012 by imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Violence (thief, etc.) at the Jeju District Court on April 12, 2012, and sentenced ten years to an order to attach an electronic tracking device on July 9, 2014 when the execution of the instant punishment was completed, and was committed by physically damaging and dumping the electronic device at least four days after the execution of the sentence was completed.

In order to ensure the effectiveness of the law on the location tracking electronic device attachment, etc. of specific criminal offenders for the purpose of protecting the people from specific crimes by promoting recidivism and re-socializing through character and behavior correction, it is inevitable to strictly punish the crimes like this case.

In addition, the defendant has the existence of alcohol.