The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of drinking, went to commit a crime under the influence of alcohol, while having the ability to discern things or make decisions.

Nevertheless, the judgment of the court below which did not consider legal mitigation is erroneous in the misapprehension of legal principles.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and process of each of the crimes of this case, the Defendant’s act before and after the crime was committed, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant did not have the ability to discern things or make decisions at the time of stopping each of the crimes of this case.

Even if the defendant was in a state of mental disability due to drinking at the time, according to the evidence of this case, the defendant had shown a tendency to commit an act that causes harm to other persons, such as an intoxication, obstruction of duties, or obstruction of performance of official duties, even before the crime of this case was committed, and even if the defendant was well aware of this, he could anticipate that the same kind of crime may be prevented if the alcohol was withdrawn, it would cause the state of mental and physical disability of drinking.

Thus, the above act of the defendant constitutes "an act of a person who predicted the occurrence of danger and caused a mental disorder by his/her own person" under Article 10 (3) of the Criminal Act, and thus, the punishment cannot be mitigated due to mental disorder pursuant to Article 10 (2) of the Criminal Act.

Therefore, the judgment of the court below which did not grant legal mitigation under Article 10 (2) of the Criminal Act against the defendant is just and acceptable, and there is no error of law as alleged in the misapprehension of legal principles.

The defendant's assertion on this is without merit.

B. The assertion of unfair sentencing.