The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

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

2. Determination

A. In light of the Defendant’s speech and behavior or the conditions before and after the instant crime, which is acknowledged by the record of judgment on the claim of mental retardation, it does not seem that the Defendant had a weak state of ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental retardation is rejected.

B. Although the defendant had been punished several times for the same kind of crime, the defendant has committed the instant crime again during the period of repeated crime of the same crime, which is highly likely to be subject to criticism.

The judgment below

There is no new special circumstance or change in circumstances that may be reflected in the sentencing after the sentence was sentenced, and considering the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, relationship to victims, motive and consequence of the crime, and circumstances that constitute the sentencing conditions indicated in the records and arguments in the instant case, such as the circumstances after the crime was committed, the sentencing of the lower court does not seem to be excessively heavy beyond the scope of reasonable discretion.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.