A. The punishment sentenced by the court below against the defendant (five years of imprisonment) is too unreasonable.

B. A prosecutor 1) misunderstanding of facts or misunderstanding of legal principles cannot be deemed to have been in a state of mental disorder under the influence of alcohol at the time of committing the instant injury and serious injury, notwithstanding the fact that the Defendant committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact that he was in a state of mental disability or by misunderstanding of legal principles. 2) The sentence imposed by the lower court on

2. Determination

A. In light of the misunderstanding of facts or misapprehension of legal principles as to the Defendant’s argument, the Defendant may be found to have been in a state of mental disability due to the decrease of temporary impulse control capacity at the time of committing the instant injury and serious injury, etc. on the following grounds: (a) the results of the AUD IT-K (Korean-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant agreed smoothly with E, the victim of the instant bodily injury, deposited KRW 30 million for G, the victim of the instant serious injury, and was in a state of mental and physical disability at the time of committing the instant bodily injury and serious injury, etc. are favorable circumstances.

On the other hand, the Defendant was drunk to commit the instant serious injury.