A. The Defendant, who claimed mental and physical weakness, was under the influence of alcohol at the time of committing the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the determination on the assertion of mental and physical weakness, although the defendant was found to have a drinking at the time of committing the crime of this case, it cannot be deemed that the defendant changed things or failed to have reached a state where he was unable to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. A favorable circumstance is that the Defendant recognized his/her mistake and reflects his/her fault, and that the Defendant has no criminal record of having been sentenced in addition to the fine.

On the other hand, the court below seems to have set a sentence in consideration of such favorable circumstances, and the defendant has the record of having been punished five times or more due to drinking, and in particular, the crime of this case was committed by the defendant while his driver's license was revoked due to drinking.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. As such, the Defendant’s allegation is without merit.

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.