The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each crime in the lower judgment, was in a state where he was under the influence of alcohol and had no or weak ability to discern things or make decisions, and thus, the lower court did not recognize it, which erred by misapprehending the legal doctrine as to the mental and physical disorder.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined in the lower court’s judgment as to the assertion of mental and physical disorder, it is recognized that the Defendant had drinking immediately before committing each crime as indicated in the lower judgment.

However, in light of various circumstances, such as the circumstances leading to each crime in the holding of the court below, the means and method of the crime, the circumstances after the crime, in particular, the defendant could have predicted the act of deviation from the state of his taking place, etc., the defendant did not have the ability to discern things or make a decision by being drunk at the time of each crime in the holding of the court below.

No or weak state may have been found to have existed.

In the same purport, the court below is just to have rejected Defendant’s mental and physical argument, and there is no error of misconception of facts or misapprehension of legal principles regarding mental and physical disorder.

B. As to the assertion on unfair sentencing, the Defendant’s acknowledgement of all of his/her own crimes against the wrongness, and the Defendant’s consent to only the victims of the indecent act by compulsion, deadly weapons, etc., which is the most serious crime, and the Defendant’s health status is not very good due to the fact that he/she undergoes the surgery, etc., are favorable to the Defendant.

However, there is a record of criminal punishment for 20 times as a criminal of the same kind, and in particular, the execution of the final sentence has terminated due to a violation of the Punishment of Violences, etc. Act (Habitual group, deadly weapon, etc.) at the first head of the judgment below.