A. The Defendant with mental disorder is under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant’s punishment should be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is excessively unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, although the defendant could have the ability to discern things or make decisions at the time of committing the instant crime, in light of various circumstances, such as the background of the instant crime, the conduct before and after the instant crime, and the means and method of committing the instant crime, which are duly adopted and investigated by the court below, the fact alone did not have the ability to discern things at the time of committing the instant crime.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime on the assertion of unfair sentencing was committed on the street before a restaurant operated by the victim P while under the influence of alcohol by the Defendant, which caused the victim’s husband’s failure to remove him/her, thereby debrising the victim’s part of his/her body, thereby debrising the victim’s booming the victim’s boom, and by taking the police officer upon receiving the report accordingly, insulting the police officer by taking a bath to the police officer dispatched, and by driving a vehicle owned by the victim Q Q, which was parked on the street, and thus, the Defendant recognized all of the instant crime and abused it. As such, there are favorable circumstances, such as the Defendant’s acknowledgement of and against all of the instant crimes.

However, in the past, the Defendant has been punished seven times for violent crimes (including those prior to and five times for actual punishment), and in particular, on August 1, 201, the Defendant again committed the instant crime during the period of repeated crimes after having been sentenced to imprisonment with prison labor for larceny, etc. at this court on August 1, 201, and on December 26, 2012, with prison labor for violating the Punishment of Violences, etc. Act (joint assault) in the Changwon District Court’s Tongwon Branch Branch Branch of the Seoul District Court.