A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

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

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the defendant's ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant is deemed to substitute for the crime of this case, it is deemed that there is a criminal record that the defendant was sentenced to a fine several times as a crime related to violence, and there is the record that the defendant was accused of having been investigated by the police box of this case and paid the fine due to the crime of injury in the past, and the crime is not good, such as assaulting the police officers who wn out tobacco while smoking at the police box of this case, etc., and taking full account of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is not justified.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.