The defendant's appeal is dismissed.

The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

According to the evidence duly admitted and examined by the court below as to the allegation of mental disorder on the grounds of appeal, the defendant was deemed to have a drinking condition at the time of committing the instant crime, but in light of the background leading up to the instant crime, the method and method of committing the crime, and the circumstances after committing the crime, etc., the court below had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

Although there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant agreed with the victim solely with the victim that the injured person does not want the punishment of the defendant, considering the circumstances favorable to the defendant, the court below has already determined the punishment in consideration of the circumstances favorable to the defendant, the defendant has the record of being punished for the same kind of crime, there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the decision of the court below, and other circumstances that are conditions for the punishment as shown in the records and arguments, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence, circumstances after the crime was committed, the court below's sentencing is determined within the reasonable and appropriate scope, and it is not determined that

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.