A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime, Defendant’s behavior or attitude before and after the instant crime, which is acknowledged by the evidence duly examined in the lower court’s judgment as to the assertion of mental and physical disorder, it is recognized that the Defendant was the principal offender at the time of the instant crime, but it was deemed that the Defendant had the weak ability to discern things or make decisions by drinking alcohol.

Therefore, the defendant's above mental and physical disability is without merit.

B. In light of the fact that there is no change of circumstances after the judgment of the court below regarding the unfair argument of sentencing, and compared the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing, the court below’s punishment is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.

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.