A. In the event that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical weakness, thereby adversely affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, community service, 80 hours, and 40 hours in violence treatment lectures) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, the defendant is deemed to have served alcohol at the time of each of the crimes of this case, but in light of the circumstances surrounding each of the crimes of this case, the circumstances, contents, and the circumstances after each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions.

subsection (b) of this section.

The defendant's mental and physical weak argument is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the determination of sentencing with respect to the determination of sentencing, has the unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is reasonable to respect this in a case where there is no change in the conditions of sentencing compared to the lower court’s failure to submit new data on sentencing in the trial, and in full view of the circumstances shown in the records and arguments of this case, it is not recognized that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

3. In 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.