The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability, and the punishment of the lower judgment (one and half years of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the Defendant’s statement of mental retardation of the process, etc. of the instant crime (Evidence Records 25-27 pages), the background, means, and the Defendant’s conduct before and after the instant crime, it appears that the Defendant did not have the weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime. Thus, this part of the Defendant’s assertion is without merit.

B. The instant crime is an offense falling under Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act, and the statutory penalty is imprisonment with prison labor for life or for not less than three years.

In this case where there are no other legal grounds for mitigation, even if a limited term of punishment is mitigated, the maximum sentence of the punishment for the above crime falls under one year and six months, and since the defendant cannot be sentenced to suspended sentence because he committed the above crime during the period of repeated crime, it is not legally permitted to sentence a more minor punishment or sentence a suspended sentence.

Therefore, the defendant's assertion of unreasonable sentencing is without merit without further review.

4. Therefore, 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 groundless. It is so decided as per Disposition