The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant had drinking alcohol at the time of the instant crime, but the Defendant’s behavior before and after the instant crime was found and the Defendant testified in the process of crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. The fact that the victim was not subject to the punishment of the defendant is favorable to the defendant; however, the crime of this case was committed by assaulting the victim due to an oral illness, and the nature of the crime is not good; the defendant had the same criminal records at several times; the defendant committed a second offense only on the 19th day after release; and other circumstances, such as the background, means and methods of the crime of this case; the circumstances after the crime; the defendant’s age and happiness environment; and the conditions of sentencing as provided in Article 51 of the Criminal Act as stated in the records and arguments, such as the records and arguments of this case, are too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the date and time of the crime among the facts constituting the crime of the judgment of the court below shall be deemed to be " April 21, 2013," and the summary column of evidence of the judgment of the court below shall be deemed to be "1."