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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was in a state of weak mind and body by drinking alcohol.
B. The sentence imposed by the lower court (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.
2. Determination
A. According to the record of the judgment on the claim of mental disorder, even though the defendant is deemed to have served alcohol at the time of the crime in this case, in light of the background, method, and the defendant's behavior before and after the crime in this case, it does not appear that the defendant in this case had an ability to discern drinking water or make a decision by drinking alcohol at the time of the crime in this case, and even if the defendant was in a state of mental disorder, in light of the criminal history, drinking habits, etc. of the defendant, even if he was in a state of mental disorder, the defendant could have predicted that he could stop the crime under the influence of alcohol in advance and was in a state of mental disorder. Thus, the above act of the defendant in this case constitutes a free act in the cause stipulated in Article 10 (3) of the Criminal Act
B. On the other hand, the crime of this case was committed by the defendant while intending to have the police officers, and the nature of the crime was considerably good, and the victim did not agree with the victim, and the damage was not compensated, the defendant could have been punished for the same kind of crime, and other various sentencing conditions as shown in the records and arguments, including the defendant's age, character and behavior, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., are considered to be too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit, in full view of the following factors: the defendant's punishment imposed by the court below is too excessive.
3. Conclusion.