A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the circumstances duly admitted and examined by the court below as to the claim of mental retardation, namely, the circumstance leading up to the crime of this case, the Defendant’s speech before and after the crime of this case, the Defendant’s statement details and attitude, and the fact that the Defendant has repeatedly committed the crime of this case under the influence of drinking, etc., and the Defendant is relatively detailed memory of the situation at the time of each crime of this case, such as drinking without paying money, or taking the goods, etc., it cannot be deemed that the Defendant was in a state which lacks the ability to discern things or make decisions due to drinking.

Therefore, the above argument is not accepted.

B. It is more favorable to the Defendant’s assertion of unfair sentencing that the Defendant made a confession of all the crimes of this case including the crime of extortion against the Defendant, and that the victims expressed their intent to seek the Defendant’s prior action at the latest.

However, the defendant has been sentenced to criminal punishment several times for a crime related to the use of violence, including a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc.). In particular, even though he/she was sentenced to six months of imprisonment with prison labor from the Young-gu District Court's Young-gu branch on November 8, 2012, he/she continued to commit each of the crimes of this case against several victims who engage in business in neighboring areas during the period from May 8, 2013 to July 12, 2013, and most victims wish not to find their own place of view, and thus, they do not cause any further damage.