A. The Defendant was under the influence of alcohol at the time of committing an attempted special robbery of this case, and was in the state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment and fine of 300,000 won) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mental and physical disorder, although the defendant was found to have had alcohol to a certain extent at the time of committing the attempted special robbery of this case, in light of various circumstances such as the motive, circumstance, means and method of the crime of this case, the defendant's act before and after the crime was committed, and the details stated by the investigation agency, the defendant does not seem to have the ability to discern things or make decisions due to drinking at the time of committing the attempted special robbery of this case. Thus, the defendant's mental and physical disorder assertion is without merit.

B. It is recognized that the Defendant’s determination on the assertion of unfair sentencing is based on the following circumstances: (a) the confession of each of the crimes in this case, and his mistake is divided in depth; (b) the victims have been returned; and (c) the Defendant has no record of criminal punishment in the Republic of Korea prior to

However, the crime of attempted special robbery of this case is planned and has a large social risk as well as poor methods, such as inducing the arms of the victim F, who is a female her female returning mixedly in the middle of the defendant, leading the back of the said victim, leading the victim to force the withdrawal of the above victim, leading the above victim's resistance, and committing an attempted crime, which has significant nature and criminality as a matter of course on the wind of the said victim. The defendant conspired with co-defendant B of the court below to act as a crime of robbery in collusion with the court below and shared the role of the crime of robbery, and driving the crime of larceny of this case together with albbbba, etc., and committing the crime of larceny of this case was set up on the street of the defendant.