A. At the time of committing the instant crime, the Defendant was in a mental and physical weak condition due to alcohol or trouble in shocking.

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

2. Determination

A. We examine the determination on the argument of mental and physical weakness. According to the evidence duly adopted and examined by the court below, it is acknowledged that the defendant was under drinking condition at the time of the crime of this case, and was under medical treatment due to shock disorder and depression before and after the crime of this case. However, considering the defendant's state of drinking at the time of the crime of this case, victim E, witness E, witness F, and the defendant's own statement, it is not deemed that the defendant had a mental and physical weakness.

In addition, at the time of committing the instant crime, the Defendant was physically and physically in a state.

In light of the Defendant’s statement on the background leading up to the instant crime and the Defendant’s criminal records, etc., the Defendant appears to have been aware that he/she was aware of the fact that he/she was acting violently upon drinking, and even if so, he/she had caused mental and physical weakness.

Thus, pursuant to Article 10(3) of the Criminal Act, the above conditions cannot be asserted as grounds for the dismissal of responsibility or the mitigation of responsibility.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The sentencing of a judgment on an unfair assertion of sentencing is based on statutory penalty, and a discretionary judgment is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first trial that is respected under the principle of trial priority and the principle of directness taken by our criminal litigation law, and the ex post facto core character of the appellate court, it becomes a condition of sentencing that is shown in the first trial sentencing process.