The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was in a state of mental disability under the influence of alcohol.

B. The Defendant’s imprisonment (six months of imprisonment) declared by the lower court on the ground of unfair sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the claim of mental retardation, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but considering the following: the defendant's circumstance and method of the crime of this case, the defendant's speech and behavior before and after the crime of this case, and the defendant continued to find the victim's house before and after the crime of this case, and the defendant is memorying all of his crime of this case, it is recognized that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and therefore, this part of the defendant'

B. Although there are favorable circumstances such as the confession of the crime of this case, the Defendant’s confessions of the crime of this case and reflects the mistake in depth, and the victim does not want the punishment of the Defendant even before the crime of this case, the Defendant continued to find the disturbance before the crime of this case, and carried dangerous articles to find the victim’s house and carried them at the victim’s house and committed the crime of this case. The Defendant committed the crime of this case on December 18, 2009, with eight months sentenced by the District Court of the Republic of Korea on March 27, 2010 and completed the execution of the punishment for larceny, but committed the crime of this case on March 27, 2010 while the execution of the sentence was completed, and the sentence imposed by the court below was the lowest sentence to have been mitigated on the lower limit of the statutory penalty, taking full account of all the circumstances such as the Defendant’s age, character and conduct, family relationship, occupation, circumstances leading to the crime of this case, details and circumstances revealed after the crime of this case, etc.