The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol, committed the instant crime in a state of mental and physical weakness.

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

2. Determination

A. In full view of the background, means, and method of the instant crime and the Defendant’s circumstances before and after the instant crime committed, the lower court’s judgment on the assertion of mental and physical weakness was duly adopted and investigated, and the Defendant was in a state of lacking the ability to discern things or make decisions at the time of the instant crime.

It does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. Under the Criminal Procedure Act, which takes the trial-oriented principle and the direct principle of judgment on the unfair argument of sentencing, there exists an area unique to the first instance court regarding the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Even if the materials submitted in the trial court were submitted, there is no meaningful change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing was excessively excessive and exceeded the reasonable scope of discretion, comprehensively taking account of all the various circumstances that form the conditions of sentencing as indicated in the instant records and the change theory.

shall not be deemed to exist.

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

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.