A. At the time of committing the instant crime, the Defendant was physically and mentally weak by causing interference with the division of labor, while under the influence of alcohol.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental and physical weakness, the Defendant received medical treatment or took drugs from around March 2015 on the grounds of disturbance of punception at a hospital from around March 2015, and the Defendant is deemed to have been under the influence of alcohol at the time of the instant crime, but was found to have been under the influence of alcohol at the time of the instant crime, and in light of the content, circumstances, and circumstances before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions

It is difficult to see it.

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

B. The fact that the defendant recognized his mistake in determining the unfair argument of sentencing is against the defendant, and the fact that the defendant restored the damage and agreed with the victim is favorable to the defendant.

On the other hand, the fact that the defendant had been punished several times for the same crime, and the defendant committed the crime of this case at another time before the period of the suspended execution expires, even though he was sentenced to a fine by a joint assault again during the period of the suspended execution due to joint assault, etc., is disadvantageous to the defendant.

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

Therefore, this part of the defendant's assertion 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.