A. When committing the instant crime, the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, but the judgment of the court below which did not reduce the degree of mental disability is unlawful.

B. The lower court’s sentencing (one hundred months of imprisonment and confiscation) is too unreasonable in view of the fact that the female mothers of the Defendant reported to an investigation agency and voluntarily surrenders to commit an offense, even if not, on the other hand, is unreasonable.

Judgment

A. According to the record as to the claim of mental retardation, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant was in a state of lacking the ability to discern things or make decisions at the time of the crime of

B. We examine the argument of unfair sentencing: (a) there is a favorable circumstance for the Defendant; (b) the Defendant has been punished eight times for the same kind of crime; (c) the Defendant committed the instant crime without being sentenced to imprisonment for one year and two months; and (d) the “self-denunciation” as referred to in Article 52(1) of the Criminal Act refers to an expression of intent to voluntarily report the criminal to the competent authority having the responsibility for investigation and to seek its disposition; and (c) the Defendant voluntarily voluntarily voluntarily surrenders to the authority having the responsibility for investigation, and voluntarily surrenders the Defendant.

Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.

or failure to render a judgment on the allegation to reduce self-denunciation;

Therefore, Supreme Court Decision 201.22.11