A. At the time of committing the instant crime with mental disorder, the person was in the state of mental disorder or mental disability.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (one year and six months of imprisonment, two years of a suspended sentence, and 40 hours of a probation and an order to attend a lecture) is excessively unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case.

However, in light of the following: (a) the Defendant was unable to discern things or make a decision due to drinking at the time of committing the instant crime in light of the volume of drinking alcohol, the amount of the reputation of the Defendant; (b) the background leading up to the instant crime; and (c) the means and method thereof; and (c) the Defendant’s speech and attitude leading up

It does not seem that there was any or weak state.

Therefore, the defendant's above assertion is not accepted.

B. It is recognized that the assertion on unreasonable sentencing is based on the following: (a) the degree of injury caused by the instant crime is relatively minor; (b) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (c) the Defendant recognizes the crime and is against the Defendant.

However, considering the fact that the crime of this case was committed by a principal soldier and the head of the victim's head, the case is not less complicated; the defendant can have the records of identical violent crimes; the court below, considering the repeated consideration of the circumstances favorable to the defendant, sentenced a statutory minimum punishment by reducing the amount and suspended the execution of the sentence; and other all the circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, etc., it is not unreasonable for the court below to see that the sentence of this case is unreasonable.

3. In conclusion, the defendant's appeal 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.