A. The Defendant was in a state of mental and physical loss under the influence of alcohol at the time of the instant case.

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

2. Determination

A. In light of the fact that the defendant, who made a judgment on mental and physical loss, is sufficiently memoryed before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime.

shall not be deemed to exist.

We cannot accept the defendant's argument of loss of mental health.

B. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and the sentencing of the lower court does not deviate from the scope of reasonable discretion, it is desirable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the minimum sentence to the extent of the applicable sentence for which the reduction of small amount was made.

Although the defendant deposited 3.5 million won for the recovery of damage to the victim, there is a change in circumstances that can be arranged for suspension of execution, considering the fact that the degree of damage to the victim is significant and that the victim still fails to receive a letter of use to the victim.

shall not be deemed to exist.

Considering the circumstances alleged by the defendant on the grounds of appeal, the sentence of the court below is too unreasonable and it is not recognized that the defendant exceeded the reasonable scope of discretion.

The defendant's argument of sentencing is not acceptable.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That it is corrected that the Defendant’s appeal deleted “the second 9 happiness” and “the choice of punishment” of the lower judgment pursuant to Article 25(1) of the Rules on Criminal Procedure.