A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the Defendant’s criminal act, the means and method of the criminal act, the Defendant’s act before and after the criminal act, etc., even though the Defendant dices alcohol at the time of the criminal act.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The lower court determined that the crime of this case was committed again even if the Defendant was punished twice as the same crime, and the Defendant’s drinking habits, and the risk of recidivism was high when considering the Defendant’s records of punishment, etc., based on the circumstances favorable to sentencing, the lower court determined the punishment by taking into account the following factors: (a) the Defendant recognized and reflects the crime; (b) the degree of interference with the performance of official duties is not severe; and (c) the hospital treatment was received due to the existence of alcohol, etc.

A thorough examination of the reasons for sentencing of the lower court and the fact that there are no special circumstances to change the sentence of the lower court for the first time, and considering the following factors: (a) the Defendant’s age, sex, criminal records, motive and means of crime, and the circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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.