The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was drunk, and was unable to discern things or make decisions.

B. The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is acknowledged that the defendant had drinking alcohol at the time of the crime of this case, but considering the circumstances, process of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant committed the crime of this case while the defendant lacks the ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's above assertion is rejected.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its reasoning, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances.

The Defendant did not seem to be against his side, such as the victim was aware of his attack or drinking, even though he was frightened by assaulting a frighter and frightened victim, and the Defendant did not seem to be against his side.

In addition, the circumstances alleged by the defendant on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering these circumstances, the sentencing conditions, including the Defendant’s age, sex, environment, and the scope of the recommended punishment according to the sentencing guidelines, as shown in the arguments of the lower court and the party deliberation, the lower court’s sentence is exceeded or too excessive.