A. Defendant 1) At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness.

2) Improper sentencing (the sentence of the lower court: Imprisonment with prison labor for eight months)

B. Prosecution’s improper sentencing

2. Determination

A. According to the records as to the Defendant’s mental and physical disorder, the fact that the Defendant was in a drunken state at the time of each of the instant crimes is recognized, but in light of the content of each of the instant crimes, the background leading up to the commission of the crimes, the means and method of the crimes, and the circumstances before and after the commission of the crimes, the Defendant was in a state of having no or weak ability to discern things or make decisions at the time

Therefore, the defendant's mental and physical disability cannot be justified.

B. We examine both the Defendant and the Prosecutor’s argument regarding each unfair sentencing of the Defendant and the Prosecutor.

1) The appellate court is reasonable to respect the determination of the first-class sentencing in cases where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion.

2) The lower court determined the sentence by taking into account the following factors: (a) the Defendant has been punished several times of imprisonment for the same kind of crime; (b) each of the instant crimes is not only during the repeated crime period of the same kind of crime; (c) in the Southern Branch of the Gwangju District Court on December 3, 2015, each of the instant crimes was sentenced to a suspended sentence of three years for the same crime; (d) the victim E was committed during the suspended sentence period of eight months of imprisonment for the same crime; (e) the degree of injury of the victim E is not less than that provided; (e) the victims’ recovery from damage or have not been agreed; and (e) the Defendant’s principal violence and behavior is highly likely to cause damage to unspecified persons, such as injury, etc. due to the Defendant’s age, sexual behavior, environment, motive and means of the crime, and circumstances after the crime, etc.

3) Each sentencing asserted by the Defendant and the Prosecutor is unfair.