A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability.

B. The sentence imposed by the lower court (one month of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s claim of mental disability, the Defendant could recognize the fact of drinking alcohol at the time of each of the instant crimes. However, in light of the background, means and methods of each of the instant crimes, the Defendant’s act before and after the instant crimes, and the circumstances after the crime, etc., it does not seem that the Defendant did not seem to have a weak ability to discern things or make decisions

Therefore, the defendant's argument of mental disability is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court’s sentencing is too excessive and does not seem to have exceeded the reasonable scope of discretion, in full view of the following: (a) the Defendant did not take the instant crime during the period of repeated crime; (b) committed the same offense despite the enemy who was sentenced to a fine for the same kind of crime; and (c) there was no change in the sentencing conditions compared with the lower court’s judgment; and (d) other factors revealed in the argument process of the instant case, including: (a) there was no change in the sentencing conditions compared with the lower court’s judgment; and (b)

Therefore, the defendant's above assertion is without merit.

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