The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, who has not claimed mental and physical weakness, committed the instant crime while lacking the ability to discern things or make decisions, the punishment should be mitigated in accordance with Article 10 of the Criminal Act.

B. In light of the fact that a person who was injured by assault or bodily harm caused by an unfair argument in sentencing was in a preference to the defendant, that the defendant has a disorder in alcohol respect, that there is difficulty in living conditions of the defendant, that the defendant committed the instant crime by drinking alcohol, that the defendant committed the instant crime in a contingent manner by drinking, and that the defendant repents his mistake in depth, punishment (six months of imprisonment) sentenced by the court below is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant’s committing the instant crime and the means and method of committing the instant crime, it is not determined that the Defendant had weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

In a situation where it is difficult for the defendant to commit the instant crime under the influence of alcohol due to a sudden disorder in family circumstances, it would be reasonable to consider that the defendant committed the instant crime.

However, in full view of the following: (a) the Defendant was sentenced to imprisonment with prison labor for six months for damage to a special property finalized on October 8, 2016 and was sentenced to a two-year grace period; and (b) the Defendant committed the instant crime without being subject to a two-year grace period; and (c) the Defendant had the record of being punished as a suspended sentence due to interference with the performance of official duties in 2012; and (d) the Defendant’s age, sex, environment, motive for committing the instant crime, etc., the lower court’s sentence is too unreasonable

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.