The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by this court as to the assertion of mental and physical weakness, the Defendant may be deemed to have served a certain level of alcohol at the time of the instant crime. However, in light of various circumstances, such as the background of the crime, method of the crime, the Defendant’s act at the time of the crime and before and after the commission of the crime, and the fact that the Defendant is relatively probnating the situation at the time of the crime, it does not seem that the Defendant did not seem to have reached a state where the right

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

B. It is desirable to refrain from imposing a sentence that does not differ from the judgment of the court of first instance solely on the ground that the sentencing of the first instance does not change the conditions of sentencing compared with the judgment of the court of first instance, and that the sentencing of the first instance does not deviate from the reasonable scope of discretion, and even if the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from imposing a sentence that does not differ from the judgment of the court of first instance (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, it is desirable to refrain from imposing a sentence that does not vary from the judgment of the court of first instance on the ground that the sentence of the first instance falls within the scope of discretion, even though the sentence of the first instance falls within the reasonable scope of discretion, on the grounds that the said sentence of the first instance is somewhat different from the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided 23, 2015)

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.