A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of the instant crime, considering such circumstances, it is not deemed that the Defendant’s ability to discern things or make decisions at the time of the instant crime was lost or weak, in light of the background, means and methods of the instant crime, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime.

This part of the defendant's assertion is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing is not recognized to be unfair due to the fact that the lower court, by fully taking account of the overall circumstances regarding the sentencing of the Defendant, determined the punishment within a reasonable scope, and that the lower court’s sentence, which sentenced the lower limit of the statutory penalty by means of the mitigation of amount

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.