A. At the time of committing the instant crime, the Defendant had a mental and physical weak condition, such as drinking alcohol.

Nevertheless, the court below rejected the defendant's argument of mental and physical weakness, which is unfair.

B. The sentencing of the lower court’s unfair sentencing (4 years of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. In the criminal trial proceedings conducted in the form of a citizen's participatory trial to enhance the democratic legitimacy and trust of the judicial judgment on the assertion of mental and physical weakness, collective opinion presented to the trial division on the recognition of facts is a recommended effect to help the judge of the trial court to determine facts under the principle of substantial direct deliberation and the principle of court-oriented trials. If a jury participated in the whole process of examination of facts, such as examination of witness witness, and a verdict issued on the admission of facts, such as the credibility of the witness's statement, is adopted as it is in conformity with the trial of the trial division, in light of the purport and spirit of the principle of substantial direct deliberation and the principle of court-oriented trials, it is necessary to respect the first instance court's determination on the admission of evidence and fact-finding conducted through such procedures unless there are sufficient and clearly opposite circumstances to him/her at the time of examination of new evidence in the appellate court (see, e.g., Supreme Court Decision 2005Do4550, Mar. 14, 2010).

However, as stated in the facts of the crime in the judgment below that can be recognized by the above evidence, the defendant is a defendant throughout the course and process of committing the crime in this case, the means and method of committing the crime in this case.