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

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking condition at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime of this case, and the circumstances after the crime, etc., the court below had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

B. Examining the following circumstances: (a) the Defendant had the record of having been punished several times due to the previous illegal driving of drinking alcohol without a license or the act of violence in the past; (b) the Defendant committed the instant crime without emphasizing it even during the repeated crime period; (c) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered; and (d) other circumstances that are conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the circumstances after the crime was committed, the lower court’s sentencing is determined within the reasonable and appropriate scope, and is not determined to be unfair due to excessive

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.