A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the Defendant’s criminal act, the means and method of the criminal act, the Defendant’s act before and after the criminal act, etc., even though the Defendant dices alcohol at the time of the criminal act.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The fact that the defendant recognized the crime and reflecteds the judgment on the illegal argument of sentencing, and that the stolen damage was recovered, etc. are favorable circumstances for sentencing.

However, considering the fact that the Defendant committed the instant crime during the period of probation, the Defendant expressed a desire to the police officer who investigated him, with heavy character of such crime, and the Defendant has a history of having been sentenced to a single criminal punishment due to the same kind of larceny, etc., in light of the circumstances unfavorable to the sentencing, barring any special circumstances that make it possible to change the sentence of the lower court at the time of the trial, and all the sentencing conditions, such as the Defendant’s age, sex, criminal record, criminal motive and means of the crime, and the circumstances before and after the crime, etc., it cannot be said that the lower court’s punishment is too unreasonable.

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.