A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, fine of 500,000 won, community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have drinking at the time of the crime of this case, but in full view of all the circumstances such as the motive, circumstance, means and method of the crime of this case, the defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, the court below did not have the ability to discern things or make decisions under the influence of alcohol.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. The Defendant’s recognition of his criminal act and reflects his depth, etc. is favorable to the Defendant.

However, considering the fact that the Defendant was punished by imprisonment with prison labor or a fine not less than 10 times as an act of violence, there is no change of circumstances considering the sentencing after the judgment of the court below, and other circumstances, such as the background, means and method of the instant crime, the result of the instant crime, the circumstances after the commission of the crime, and the age, criminal conduct and environment of the Defendant, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.