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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.
B. The punishment of the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s behavior before and after the crime, it is not deemed that the Defendant had no or weak ability to discern things at the time of the instant crime under the influence of alcohol, and thus, the above assertion by the Defendant cannot be accepted.
B. As to the wrongful assertion of sentencing, the lower court determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial at the same time. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and unreasonable.
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.