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

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the circumstances of the crime and the defendant's behavior before and after the crime, it does not seem that the defendant had no or weak ability to discern things.

In domestic affairs, the defendant was lost or physically and mentally weak;

Even though the defendant has been subject to criminal punishment several times due to his or her violent nature appearing after drinking, and has been repeatedly discharged from a hospital due to alcohol addiction for over a long time, and has been subject to medical treatment. The defendant had sufficiently predicted the occurrence of risk, such as the crime in this case, and caused the mental and physical disorder by his or her own means, even though he or she sufficiently predicted the occurrence of risk.

Therefore, the defendant's mental and physical disability argument is without merit, since it does not constitute grounds for reduction or exemption of punishment (Article 10 (3) of the Criminal Act).

B. In full view of the following circumstances: (a) the Defendant attached an electronic device with regard to the wrongful assertion of sentencing; (b) immediately committed the instant crime after release; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed unfair merely because it was too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.