A. The Defendant, who has lost his mind and body or has committed the instant crime under the condition of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (three months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical loss or mental weakness, even though the defendant was in a drunken state at the time of the crime of this case, considering the details and contents of the crime, the defendant's actions before and after the crime of this case, etc., the defendant lost his ability to discern things or make decisions or did not seem to have lost his ability to discern things, and thus, the defendant's mental and physical loss or mental weakness allegation is without merit.

B. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the Defendant is deemed appropriate, and thus, cannot be deemed unfair because it is too unreasonable, and there are no other special circumstances to change the above sentence. Therefore, the Defendant’s allegation of the above unfair sentencing 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.