A. After the Defendant’s release on the day of the instant case, the Defendant was under the influence of drinking three C having been in the influence of alcohol, and was unable to adequately memory the situation at that time. As such, the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

B. The fact that the criminal defendant committed the instant crime at the investigation stage up to the depth of the party, and is in violation of depth, and that the defendant expressed his intent not to punish the defendant by mutual consent with both the victim D and customers at the investigation and the original trial stage, and if the defendant drinks alcohol, she will live faithfully after receiving treatment of alcohol addiction, etc.

In light of the fact that the court below's sentence (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical weakness, the Defendant appears to have been under the influence of alcohol at the time of committing the instant crime.

However, in full view of the following circumstances: (a) the process and process of the instant crime, the means and method of the instant crime; (b) the circumstance before and after the instant crime was committed; and (c) the Defendant stated to the effect that the Defendant “satisfying his memory” in one-time investigation by the police; (b) however, in full view of such circumstances as the process before and after the victim’s operation restaurant; and (c) the circumstances at the time of the instant crime, etc., the Defendant did not seem to have lacking the ability to discern things or make decisions under the influence of

Therefore, the defendant's argument about mental and physical weakness cannot be accepted.

B. The Defendant’s judgment on the wrongful argument of sentencing is the instant crime.