At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

The court below's sentence of unfair sentencing (eight months of imprisonment) is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking at the time of the above crime, in light of various circumstances, such as the course and process of the crime, means and method, and the defendant's speech and behavior before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

In full view of the circumstances that are disadvantageous to the Defendant, including the fact that there are many criminal records, including punishment, and the fact that the Defendant committed a crime during the period of repeated crime, and other various sentencing conditions specified in the present argument, including the background of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct environment, it is not recognized that the lower court’s punishment is too unreasonable. Thus, this part of the Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.