On the other hand, since only the defendant appealed on the guilty portion of the judgment below on the ground of unfair sentencing, the dismissed part of the judgment below was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness, such as alcohol respect and depression, and was in a state of mental disorder under the influence of alcohol at the time of committing the crime.

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

3. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was receiving medical treatment after receiving diagnosis such as alcohol existence, depression, etc., and the fact that the Defendant was considerably under the influence of alcohol at the time of the instant crime was recognized. However, in light of the background, means, method, and the Defendant’s act before and after the instant crime was committed, it does not appear that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

The defendant's argument about mental disorder shall not be accepted.

B. There are no new circumstances or changes in circumstances that may be reflected in sentencing after the judgment of the court below on the assertion of unfair sentencing is rendered.

The fact that the defendant recognized the facts charged and reflected the wrong facts, etc. are favorable to the defendant.

However, in light of the attitude of the act, etc., the crime of this case is not very good, and the defendant has already been investigated or punished several times of violence, and not only was the period of repeated crime due to the same crime at the time of the crime of this case.