A. Defendant 1) Defendant 1 was in the state of mental disorder or mental and physical disability due to drinking at the time of committing the instant crime of intimidation and obstruction of business. 2) The sentence of the lower court on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination as to the Defendant’s mental and physical disorder, it does not seem that the Defendant’s ability to discern things or make decisions at the time of the crime is lost or weak in light of the following: (a) although it is acknowledged that the Defendant had drinking at the time of the crime of intimidation and interference with business; (b) considering such circumstances, considering the background of the crime; (c) the means and method of the crime; (d) the Defendant’s attitude before and after the crime

Even if the defendant was in a state of mental disorder at the time of committing the crime of intimidation and interference with business of this case, Article 10(3) of the Criminal Act provides that "the provisions of the preceding two paragraphs shall not apply to any act of a person who predicted the occurrence of danger and caused a mental disorder by his own person." The defendant was punished by a fine of KRW 2 million by assaulting a person under the influence of alcohol and damaging a taxi in 2012, and even around 2013, he can be recognized that he was punished by a fine of KRW 3 million by assaulting another person under the influence of alcohol, and thus, the defendant is punished by a fine of KRW 3 million by assaulting another person under the influence of alcohol. Thus, the defendant constitutes a case where, in predicting the risk that the defendant may commit a crime of harming another person,

As such, the defendant cannot be punished due to mental disorder.

or reduction of punishment due to mental or physical disability shall not be allowed.

I would like to say.

Therefore, the defendant's above assertion is not accepted.

B. Determination of unfair sentencing by the Defendant and the prosecutor