The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant, who was physically and mentally weak, had weak the ability to discern things and make decisions.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant is deemed to have served alcohol at the time of the instant crime, but in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant had the ability to discern things or make decisions due to drinking.

shall not be deemed to exist.

The defendant's mental and physical weak argument is rejected.

B. It is desirable to refrain from rendering a judgment of the first instance court by destroying the judgment of the first instance court solely on the ground that the sentencing of the first instance does not change the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, and even if the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the judgment of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the judgment of the lower court on the ground that no new data on sentencing was submitted in the examination and the trial of the first instance, and all the reasons for sentencing specified in the records and arguments of the instant case are considered to have exceeded the reasonable scope of discretion.

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.