A. Defendant (1) The Defendant was in a mental and physical state due to drinking at the time of the instant crime.

(2) The sentence of the lower court’s unfair sentencing (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. Determination:

A. As to the Defendant’s mental and physical weakness argument, the Defendant asserted that he had reached the crime of this case under the lack of the ability to discern things or make decisions due to the influence of alcohol, and thus, the Defendant was in a state of drinking to a certain extent at the time of committing the crime of this case. However, in light of the circumstance and specific method of each of the crimes of this case, and the Defendant’s speech and behavior and attitude before and after the crime of this case, the Defendant was in a state or lacks the ability to discern things or make decisions due to drinking at the time of committing the crime of this case.

Therefore, this part of the defendant's assertion is without merit, since there is no other evidence to acknowledge the defendant's argument.

B. As to the wrongful argument of sentencing by the Defendant and the prosecutor, the Defendant recognized the crime, and the family members and persons of the Defendant wanted to commit the crime, the Defendant’s favorable circumstances, such as the Defendant’s absence of criminal records, and the method of assault, intimidation, or bodily injury to the victims, the Defendant did not agree with the victims of the instant crime, the Defendant had a record of being punished several times due to the same crime, and the Defendant was aware that he was unable to control his own behavior upon the withdrawal of alcohol.

In light of the unfavorable circumstances, such as the defendant's age, sex behavior, method of crime and circumstances after the crime, etc., which are disadvantageous to the risk of re-offending, such as not making efforts to dismiss it, and other factors of sentencing indicated in the records of this case, such as the defendant's age, sex, criminal conduct, and circumstances after the crime.