The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical weakness, the circumstance of drinking prior to the instant crime may be acknowledged by the Defendant. However, in light of the background, method, and consequence of the instant crime acknowledged by the aforementioned evidence, the Defendant had weak ability to discern things or make decisions due to the instant crime.

It is difficult to view it.

Therefore, the defendant's assertion is not accepted.

B. In addition to the fact that the lower court determined the sentence within the scope of the recommended sentencing guidelines by taking into account all the favorable circumstances and unfavorable circumstances for the Defendant, and that the Defendant was subject to the suspension of the execution of fines and imprisonment for the same kind of crime, and that the sentence imposed by the lower court constitutes the lower limit of the statutory applicable sentences, the lower court’s determination of the sentencing exceeded the reasonable limit of the discretion.

There is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, and there is no change in the sentencing conditions.

Therefore, since the sentence of the court below cannot be deemed to be unfair because it is too large, it does not accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.