The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, which lacks the ability to discern things and make decisions.

B. The sentencing (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the record of the determination of the claim of mental disability, the defendant is deemed to have been diagnosed with the alcohol dependence before the crime in this case. However, in light of the fact that the defendant had a record of committing the same kind of crime even though he did not drink after the date of the examination, and that the defendant is relatively specific memory and stated in the investigation agency as to the background of the crime at the time of the investigation, it is not deemed that the defendant does not lead to the crime under the lack of ability to distinguish things and make decisions.

Therefore, the defendant's above assertion of mental disability is without merit.

B. It does not seem that new circumstances or special changes are likely to be reflected in the sentencing after the lower court’s decision on the assertion of unfair sentencing is rendered, and further, even if the lower court comprehensively takes into account the circumstances and various conditions of sentencing indicated in the grounds for sentencing as well as the records, it cannot be deemed that the lower court’s sentence is excessively

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.