A. At the time of each of the instant crimes, the Defendant was physically and mentally deprived of the mental capacity to discern things or make decisions due to a mental divided disease, etc.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. Although the Defendant asserts that his mental and physical loss is “mental and physical disability,” the lower court determined that the Defendant committed each of the crimes of this case under the mental and physical weakness and mitigated the mental and physical weakness, and thus, decided on the Defendant’s assertion as “mental and physical loss.”

According to the evidence duly adopted and examined by the court below and the court below, the defendant was in a situation where normal social and economic activities were difficult due to a schidic disorder, chronic alcohol addiction, non-quality depression, shock disorder, shock control disorder, etc. The defendant was found to have been in a situation where normal social and economic activities were conducted at the time of each crime of this case, but it is difficult to view that the defendant's damage to things or lack of decision-making ability has reached the extent that he suffered from the change of things or lack of decision-making ability.

The decision is judged.

Therefore, the defendant's assertion of mental loss is without merit.

B. As to the wrongful assertion of sentencing, the Defendant recognized each of the instant crimes and recognized his mistake, and the Defendant agreed with the victim G of the special intimidation and the victim H of the special assault, etc., are favorable to the Defendant.

On the other hand, the defendant's crime of this case is not good, and the defendant has been sentenced to imprisonment with prison labor for the same kind of crime since he was sentenced to a two-year suspended sentence in August, 200 as a crime of violation of the Punishment of Violences, etc. Act (Intimidation of groups, deadly weapons, etc.) and violation of the Punishment of Violences, etc. Act (joint injury) since he was sentenced to a two-year suspended sentence in the same year. < Amended by Act No. 1308, Jan. 22, 2015>