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

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was in a drunken state at the time of the crime of this case, considering various circumstances such as the background leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant did not have or lacks the ability to discern things at the time of the crime of this case, and thus, the above assertion by the defendant cannot be accepted.

B. The fact that the defendant agreed with the victim to determine the unfair argument of sentencing is favorable to the defendant.

However, even though the defendant had been punished several times for the same and different crimes, if comprehensively considering the defendant's age, sex, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, it is deemed that the sentence of the court below against the defendant is too too unreasonable, and thus, the defendant's improper argument in the sentencing of the defendant is without merit.

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.