At the time of committing the instant crime, the Defendant was in an insane condition by drinking, and the sentence of the lower court (one year of imprisonment) is too unreasonable in light of the overall circumstances.

2. Determination

A. Determination on the assertion of mental disorder

Examining the evidence duly admitted and examined by the court below in light of the records, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in full view of the circumstances, means, and the defendant's behavior before and after the crime of this case recognized by the records, it is recognized that the defendant had no ability to discern things or make a decision. Thus, the above argument by the defendant is without merit.

B. Determination on the assertion of unfair sentencing

Although it is recognized that the defendant committed a crime by drinking, the defendant seems to have committed a contingent crime, the crime was committed in an attempted attempt, the victim wanted to take the defendant's wife, the defendant must take care of the son who undergone the brain operation, the defendant's history of the same punishment has reached 11 times, and the defendant committed the crime in this case during the repeated crime period, and the crime in this case was found to have been destroyed by breaking the victim's oral door door door door locked, and the crime in this case was found to be bad in nature, and the crime in this case is found to have been committed, and all kinds of sentencing factors such as the motive, process, means and method of the crime in this case, the defendant's age, character and conduct, criminal records, environment, etc. are considered to be appropriate and too unreasonable. Therefore, the defendant's assertion is not justified.

3. Conclusion

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

Judges Cho Sung-hee (Presiding Judge) (Presiding Justice)