A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. In light of the fact that the Defendant led to the confession of a crime as to the illegal assertion of sentencing, it is recognized that the Defendant was favorable to the Defendant, but the Defendant committed again the instant crime during the period of suspension of execution for the same kind of crime, and other various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing as indicated in the record, are too unreasonable since the lower court’s punishment is too excessive and there is no reason for the Defendant’s wrongful assertion

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