A. At the time of committing the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of various circumstances such as the defendant's horse, behavior, and circumstances after the crime of this case, it cannot be seen that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and therefore, the above argument

B. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

[However, according to Article 25 of the Regulation on Criminal Procedure, Article 25 of the Regulations on Criminal Procedure, the term "the pertinent Article of the facts of crime" in Section 1 of the judgment of the court below shall be corrected as "the pertinent Article of the facts of crime and the choice of punishment for the facts of crime", and the term "the point of injury (the point of injury to a lineal ascendant)" in Section 3 as "the point of injury