A. At the time of the instant case, the Defendant was in a state of mental and physical weakness by drinking alcohol.

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

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was aware of drinking at the time of the instant crime, it does not seem that the Defendant had the ability to discern things or make decisions in light of the background and method of the crime, and the conduct before and after the instant crime.

This part of the defendant's assertion is without merit.

B. In light of the following: (a) the court below sentenced the above sentence to the defendant on the ground that the sentencing as stated in its reasoning was significant; and (b) the defendant asserts that the defendant may cancel the treatment and custody of the defendant when the sentence imposed by the court below is finalized and no health condition is improved because the defendant suffered from the dyslexic disease; and (c) the defendant can cancel the treatment and custody of the defendant when the sentence imposed by the court below became final and conclusive, all of the circumstances in favor of the court below are considered to have been determined by the court below; and (b) the defendant committed the crime in this case during the period of repeated offense; and (c) considering the fact that the defendant has a history of three times criminal punishment due to drinking alcohol during the period of repeated offense, the court below's sentencing judgment was too excessive to have exceeded the reasonable scope

shall not be appointed by a person.

Therefore, we cannot accept this part of the defendant's assertion.

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.