A. At the time of the instant crime, the Defendant was physically and mentally in a state of mental and physical loss or weak mental and physical weakness with the capacity to discern things or make decisions by taking the drug in the state of taking the “stroke-stroke”, which is a body leading method of the water surface.

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

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as indicated in the lower judgment and the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant taken in drugs, which are the guidance of water

can be seen, however, there was no or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, this part of the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant had a history of being punished by multiple punishments for the same type of crime; (b) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even during the period of repeated crime; and (c) the Defendant’s age, sex, environment, motive, means and method of the instant crime, and circumstances after the commission of the crime; and (b) the sentencing conditions indicated in the instant arguments and records, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, and thus

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.