The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event of the instant crime, the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of the instant crime.

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

2. Determination

A. According to the records on the determination of mental or physical disability or mental disability, even though the Defendant was under the influence of alcohol at the time of the instant charges, the Defendant did not appear to have had the ability to discern things or make decisions at the time of committing the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, and the circumstances after committing the crime, etc., and did not appear to have the ability to discern things or make decisions.

Even prior to the occurrence of each of the crimes in this case, the Defendant was at the time of the withdrawal of alcohol to another person or the damage of another person’s property. In light of the fact that he was well aware of this fact, the Defendant predicted the risk of violent crimes that may occur while under the influence of alcohol in advance and went into the state of mental and physical disorder by drinking.

As such, the above act of the defendant constitutes a free act in the so-called cause under Article 10 (3) of the Criminal Act, and thus, it cannot be reduced of mental or physical disability or mental disability.

As such, the defendant's above assertion is without merit.

B. There are circumstances such as the Defendant’s confession and reflect on the instant crime, and the victims expressed their intent not to have the Defendant punished by mutual agreement with both the victims in the original trial.

However, on October 8, 2013, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (Intimidation by collective weapons, etc.) at the District Court of the Republic of Korea, and two years of suspension of execution is currently under suspension of execution.