A. Under the influence of mental and physical disorder, the Defendant committed the instant crime under the condition of mental and physical disability or mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument about mental and physical disorder. Although the defendant was aware of drinking alcohol at the time of the crime of this case, in light of the background, means and methods of the crime of this case, and the conduct before and after the crime of this case, the defendant merely appears to have committed the crime of this case under the influence of shocking and violent acts, and it does not seem that the defendant did not have a weak or lost ability to discern things or make decisions under the influence of alcohol and violent acts.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged in this case and did not reduce mental and physical disability is justified.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the defendant regarding the argument on unfair sentencing are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

It does not seem that the degree of injury of the victim is serious.

The defendant deposited 3,000,000 won for the victim in the court below.

The health of defendants is not good.

Circumstances unfavorable to the defendant are as follows:

The defendant, who is a dangerous object without any justifiable reason, was injured by the head of the victim's disease.

The defendant did not reach an agreement with the victim.

In 2014, the defendant was sentenced to a fine of KRW 1,00,000 due to the crime of bodily injury, etc., and was sentenced to criminal punishment several times for the same or similar crimes, and among them, it includes a long-term criminal conviction, but it includes several criminal convictions.

The defendant has been subject to notification disposition several times in a drinking state.

The above circumstances are the Defendant’s age, character and behavior, career, and so on.