The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (mental and physical weak) is to be mitigated on the ground that the Defendant, at the time of committing each of the instant offenses, was in a state of mental and physical weakness which lacks the ability to discern drinking things or make decisions, and thus, the punishment should be mitigated.

2. According to the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant lacks the ability to discern things or make decisions at the time of each of the instant crimes, in full view of various circumstances such as the occurrence of each of the instant crimes, the details of the instant crimes, and the Defendant’s behavior before and after the instant crimes, even though the Defendant was deemed to have been engaged in drinking to a certain extent at the time of each of the instant crimes.

Even if the Defendant was under the influence of alcohol and had a mental and physical weakness at the time of committing each of the instant crimes

Even before the instant case, in light of the fact that the Defendant had been subject to punishment for committing a crime under the influence of alcohol several times, and that the Defendant was aware that there was a habition that, when breathing, violence has occurred when breath, the Defendant predicted breath’s behavior likely to commit a crime in advance and omitted breath’s mental and physical weakness.

As such, each of the crimes in this case constitutes the so-called "free act in the cause" under Article 10 (3) of the Criminal Act and cannot be mitigated from mental and physical weakness.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.