A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. According to the record as to the claim of mental disability, the defendant at the time of the crime of this case is recognized to have been in a state of drinking.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the crime, etc., the Defendant does not seem to have had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

The defendant's above assertion is without merit.

B. The instant crime appears to have been committed under the influence of alcohol, and the Defendant recognized the crime up to the trial and divided his mistake.

The defendant expressed his intention not to punish the defendant by agreement with the victim in the court below.

However, on the other hand, the court below seems to have determined the punishment by considering all favorable circumstances for the defendant as above, and there is no special circumstance or change of circumstances that can be newly considered in sentencing after the sentence of the court below.

In particular, the crime of this case is committed against the taxi engineer in the taxi in operation, and it is not good that the crime of this case was committed in that it could cause secondary damages such as traffic accidents.

In the past, the Defendant has been sentenced to imprisonment with prison labor (actual punishment), three times of imprisonment with prison labor (suspension of execution), and twenty times of fine due to violence-related crimes, and in particular, the instant crime was committed as a assault case against E, which is similar to the instant crime, and was under investigation.

The age, character and conduct, environment, and crime of the defendant.