A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. In full view of the background leading up to the Defendant’s criminal act, the means and method of the criminal act, the Defendant’s act before and after the criminal act, etc., even though the Defendant dices alcohol at the time of the criminal act.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The fact that the defendant recognized the crime and reflected in the judgment on the unfair argument of sentencing is favorable to the sentencing.

However, considering various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable, in light of the following: (a) the Defendant committed again the crime of this case during the period of suspension of execution due to the obstruction of duties; (b) the State’s legal order and the need to eradicate the light of public authority; and (c) the need to punish the above act of the Defendant; and (d) the Defendant’s above act is disadvantageous to sentencing, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime.

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.