A. At the time of committing the instant crime, the Defendant, who is physically and mentally weak, failed to have the ability to discern things or make decisions under the influence of alcohol.

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

2. Determination

A. According to the records of the assertion of mental and physical weakness, even though the defendant was aware of drinking alcohol at the time of committing the instant crime, the defendant was in a state that he lacks the ability to discern things or make decisions due to drinking, in light of the circumstances such as the background leading up to the instant crime, the content of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime.

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

B. Reviewing the sentencing conditions under Article 51 of the Criminal Act and the sentencing guidelines of the Supreme Court sentencing committee, based on the records of the case and the changed theory, including the facts that the defendant did not make any effort to recover the damage in spite of the degree of damage to the victim caused by the crime of this case, in favor of the defendant, and the circumstances favorable to the defendant stated in the column of the "reason for sentencing" of the judgment below's unfair assertion of sentencing, it is not recognized that the sentence of the court below is too excessive and unfair. Thus, this part of the defendant's assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.