A. The Defendant, at the time of each of the instant crimes, was suffering from depression, and was in a state of mental and physical weakness that lacks the ability to discern a significant quantity of alcohol or make decisions.

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

2. Determination

A. According to the records of this case’s determination on the assertion of mental and physical weakness, the fact that the Defendant was diagnosed on February 2017 that there was an occurrence of minor anxiety and depression, and the fact that the Defendant was engaged in drinking to a certain extent at the time of each of the instant crimes is acknowledged.

However, in light of various circumstances, such as the developments leading up to and details of the instant crime, the Defendant’s behavior before and after the instant crime, the Defendant’s statement in an investigative agency, etc., it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime. Therefore, the Defendant’s allegation is without merit.

B. The Defendant is trying to treat mental illness by separating his fault from his wrong judgment on the unfair argument of sentencing.

It is favorable to the defendant.

However, the Defendant repeatedly committed each of the crimes of this case by repeatedly committing the same kind of crime, including the Defendant’s having been sentenced several times of punishment due to the termination of the execution of detention in prison and prison, and by violating the code of practice on the following day, he/she received a warning from the Superintendent of the Daegu Security Office for the reason that he/she violated the code of practice, and thus repeatedly committed each of the crimes of this case.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is correct.