A. The Defendant, at the time of committing the instant crime, was in a state of lacking the ability to discern things or make decisions because the Defendant suffered from alcohol or mental illness since he had been under the influence of alcohol at the time of the instant crime.

B. The punishment sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, although the defendant was deemed to have been hospitalized before the crime of this case was committed due to symptoms of alcohol and adaptation disorder before the crime of this case, the defendant was in a state of lacking ability to discern things or make decisions due to alcohol or mental disorder, in light of various circumstances, such as the process and process of the crime of this case, means and methods, specific details of the crime, and the defendant's speech and behavior before and after the crime of this case.

Therefore, the defendant's above assertion is rejected.

B. In light of the fact that the court below agreed with the victim as to the unfair argument of sentencing, considering the fact that the defendant was punished five times as a crime of violence, that there was a history of punishment twice as to the suspension of execution of the same kind of crime, that the defendant committed the crime in this case during the suspension period of execution of the same crime, and other various circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the punishment sentenced by the court below is appropriate, and it does not seem to be unfair because it is excessively unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.