A. The Defendant suffered from a polar disorder at the time of the instant crime, and was in a state of mental and physical weakness by drinking at the time of the instant crime.

B. The sentence of the lower court (one month of imprisonment, six months of confiscation) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was suffering from the chronic disorder in 2014 or 2015, and was found to have drinking at the time of the instant crime, in light of the Defendant’s usual drinking volume, the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to the extreme disorder and drinking at the time of the instant crime.

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

B. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the determination of an unfair argument of sentencing, there exists a unique area of the first instance judgment as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower judgment, as the materials for new sentencing have not been submitted in the trial, and when comprehensively considering all of the reasons for sentencing indicated in the records of the instant case, it is not recognized that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

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. It is so decided as per Disposition.