A. A. The Defendant was in a state of mental health and physical disability, even when he was in a difficult condition at the time of the instant crime, and was under the influence of alcohol.

B. The original sentence of an unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the fact that the defendant was in a state of drinking at the time of the crime of this case is recognized.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the amount of drinking on the day of the crime by the defendant seems to have not exceeded the Defendant’s usual drinking volume (Evidence Nos. 173); (ii) the investigation report prepared by the police officer who was dispatched to the scene because of a long time after the crime, stated that the Defendant’s primary drinking condition was not serious; and (iii) the Defendant called the victim several times to be detained or sent text messages to the police station after emergency arrest (Public trial record Nos. 98-99). In light of the following circumstances, it does not appear that the Defendant had the ability to discern things or make decisions due to the crime of this case at the time of the crime of this case.

The defendant's argument of mental disability shall not be accepted.

B. It is reasonable for the appellate court to respect the sentencing of the first instance court in a case where there is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant is against the recognition of the instant crime.

The crime of this case seems to have been contingent in the course of drinking with the victim who was a previous year by the defendant.

In the judgment of the court below, the victim expressed his intention that he does not want to punish the defendant.

On the other hand, this is.