A. At the time of each of the instant crimes with mental disorder, the Defendant, under the influence of alcohol, was unable or weak to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is found to have drinking alcohol at the time of each of the crimes of this case, but considering the circumstances leading to each of the crimes of this case, it does not seem that the defendant at the time of each of the crimes of this case had a lack or weak ability to discern things or make decisions, and thus, the defendant's mental and physical disability assertion is without merit.

B. Although there is room to consider the fact that the Defendant’s act of unfair sentencing is against himself and that the Defendant agreed with the victim, in light of the background leading to each of the instant crimes and the method of committing such crimes, the crime’s nature is not weak, the Defendant has the same criminal power, and the Defendant’s age, character and conduct, environment and other conditions of sentencing are considered, it does not seem that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.