The appeal is dismissed.

A. At the time of committing the instant crime, the Defendant was in a state of mental disability and injury.

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

2. Determination

A. In general, when determining the mitigation of alcohol and mitigation of the Defendant’s assertion of mental retardation, the following should be comprehensively taken into account: (a) the Defendant’s average volume of alcohol at the time of the crime; (b) the kind and quantity of alcohol at the time of the crime; (c) the motive or cause of the crime; (d) the background and means of the crime; (e) the Defendant’s attitude before and after the crime; (e) whether the crime was committed; (e) whether the Defendant’s attitude was committed to destroy evidence related to the crime; (e) whether the crime was committed and the situation before and after the crime was committed; (e) the Defendant’

(See Supreme Court Decision 2002Do5109 Decided November 8, 2002). The following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① there is no objective evidence to recognize the accurate amount of drinking alcohol at the time of the instant case, making it difficult to determine the amount of drinking and the level of drinking by the Defendant’s statement only due to the Defendant’s statement; ② the Defendant’s act immediately after the process of the instant crime (the Defendant’s act of drinking alcohol and was made several calls to the victim C, but the Defendant did not receive several calls to the victim C, but the door was cut down, and the part attached to the tree was destroyed during that process; the Defendant was under dispute with the victim D; the police officer was dispatched to the scene after receiving a report; and the police officer was unable to take hand, and the Defendant was unable to take a bath at the time of the instant crime; and the Defendant did not appear to have made a statement because he did not have a relatively different state.