The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of drinking, went to commit a crime under the influence of alcohol, while having the ability to discern things or make decisions.

Nevertheless, the judgment of the court below which did not consider legal mitigation is erroneous in the misapprehension of legal principles.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime.

However, Article 10(2) of the Criminal Act, which was amended and enforced by Act No. 15982 on December 18, 2018, provides, “The act of a person who lacks the ability to discern things or make decisions due to mental disorder may be mitigated.” However, even if the Defendant committed a crime in a state of mental disorder after the enforcement of the amended Criminal Act, it is merely a ground for voluntary mitigation of punishment. Therefore, the lower court did not reduce punishment on this ground, and thus, did not err by misapprehending the legal doctrine on mitigation of mental disorder and mental disorder, thereby adversely affecting the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court’s sentencing is reasonable in full view of the factors revealed in the arguments in the instant case, including various circumstances considered in sentencing.