A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the defendant's ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant's decision on the assertion of unfair sentencing is recognized to have agreed to the point that the defendant is the time to commit the instant crime, the victim and the defendant agreed to the original agreement. The instant crime is deemed to have inflicted an injury on the police officer dispatched after receiving the report at the entrance of the E, and the nature of the relevant crime is not good, there was a record of being sentenced to a fine several times for violence-related crimes, on July 24, 2012, the Defendant again committed the instant crime during the suspended execution period after being sentenced to a two-year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on July 24, 2012, and again committed the instant crime during the suspended execution period, taking full account of all the sentencing conditions as shown in the records and arguments of the instant case, such as the defendant's age, character and behavior, environment, motive, means and result of the instant crime, etc., the sentence imposed by the court below is deemed to be reasonable and it is not reasonable

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.