A. The Defendant committed the instant crime under the influence of alcohol while suffering from liverment and mental retardation, with weak capacity to discern things or make decisions.

B. Considering the fact that the defendant thought that the victim of unreasonable sentencing was disregarding himself and committed the crime of this case by contingency, and the degree of damage is not significant, the sentence of the court below against the defendant who was living as the socially weak without fear of his family (one month of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the Defendant would peep a considerable amount of alcohol in the state that the health condition at the time of the instant case was not good.

However, in light of the motive of the instant crime, such as the Defendant’s statement and attitude against the victim, and various circumstances of the Defendant’s behavior before and after the instant crime, it is not deemed that the Defendant had weak ability or intent to discern things under the influence of alcohol at the time of the crime.

Therefore, the defendant's mental disorder is without merit.

B. It cannot be said that the degree of injury suffered by the victim is too large due to the instant case’s determination on the assertion of unfair sentencing.

However, even before the instant case, it cannot be said that the nature of the crime is inferior due to the use of violence even though the Defendant, who had a record of criminal punishment several times by expressing violent inclinations in the state of drinking, had not been over several months since the execution of imprisonment was terminated, and the circumstances after the crime cannot be said to be good.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, the background, means and consequence of the crime, and all the circumstances constituting the sentencing conditions specified in the instant records and pleadings, it does not seem that the sentence of the lower judgment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing also.