A. At the time of each of the instant crimes, the Defendant was in a state of mental disability with mental disorder due to mental illness, such as stimulative disorder, and excessive drinking.

B. The sentence imposed by the court below (12 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, the Defendant was treated with a mental disorder in the form of a divesive disorder in which the details are unknown at the time of the instant crime from around 2012 to the time of the instant crime, such as the divesive disorder, non-quality divessis, and alcohol dependence, and the fact that the Defendant was diagnosed with an unidentified disorder in detail around July 22, 2019 is recognized.

However, the result of the court below's mental appraisal against the defendant: "At the time of the crime of this case, the defendant does not have a specific mental diagnosis and does not have the ability to distinguish things from that of the defendant." At the time of the crime of this case, the defendant does not have a specific mental diagnosis in the state similar to the present, and the defendant's ability to distinguish things and decision-making ability is determined not to have a mental disorder. In addition, the defendant was aware that the defendant can engage in a criminal act at the time of drinking in the past, because drinking and behavior of the defendant were done voluntarily at the time of the crime of this case by voluntary drinking, so even if the defendant was under the influence of alcohol, it cannot be said that the defendant was under the mental disorder and decision-making ability of the defendant. The repeated criminal act of the defendant is considered to be considered to be due to the nature of the crime rather than because of mental disease. The specific behavior of the defendant committed before and after the crime of this case by CCTV installed at the scene of the crime of this case, the mental disorder, type and degree of the defendant's motive and motive of the crime of this case, etc.