A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is found that the defendant was in a state of drinking alcohol at the time of the crime in this case, but in light of various circumstances such as the circumstances leading to the crime in this case, the means and method of the crime, the behavior of the defendant before and after the crime in this case, and the circumstances after the crime, it is not deemed that the defendant had the ability to discern things or make decisions due to drinking. Thus, the above argument by the defendant

B. Although there are extenuating circumstances in regard to the assertion of unfair sentencing, such as the fact that the defendant acknowledges his mistake and reflects the defendant's health and economic form, the defendant's health and economic form are not good, the defendant has been sentenced to a suspended sentence of three years at the Incheon District Court around 2004 due to the crime of obstruction of performance of official duties, etc., the defendant did not recover damage to the victims, and other various sentencing conditions in light of the motive and background leading up to the crime of this case, the situation leading up to the crime of this case, the defendant's age, character and conduct, and environment, and other various sentencing conditions in the records, such as the defendant's age, character and environment after the crime of this case are considered as inappropriate. Thus, the above

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.