A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence that the court below sentenced the defendant unfairly (the court below's judgment No. 1: imprisonment with prison labor for April and No. 2: fine of 8 million won) is too unreasonable.

2. The judgment of the court below [the defendant filed an appeal against the judgment of the court below Nos. 1 and 2 and tried both in the first and second instances. Since the judgment of the court below of the second instance imposed a fine on the defendant only, the court of the first and second instances cannot punish the defendant more severe punishment than that of the court below under the principle of prohibition of disadvantageous alteration. The judgment of the court below does not constitute a ground for reversal of the judgment of the court below on the ground of consolidated examination itself unless the court of the first and second instances select all criminal facts of the judgment of the court of first and second instances and sentenced one punishment. As examined below, the court below did not reverse the judgment of the court below on the ground of consolidated examination, and it did not reverse the judgment of the court of the court below on the ground

A. According to the judgment on the assertion of mental and physical disorder (the second instance judgment), the defendant is deemed to have drinking alcohol at the time of committing the crime of the second instance judgment, but considering the background of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things at the time. Thus, the defendant's allegation of mental and physical disorder in the second instance judgment is without merit.

B. Although it is recognized that the defendant's mistake and reflects his or her wrong determination of sentencing, and that the defendant's health or economic situation is not good, the degree of exposure to violent inclinations is frequent and the degree of exposure is somewhat weak.