The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

Judgment

A. According to the record as to the claim of mental retardation, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime of this case. Thus, this part

B. As to the assertion of unfair sentencing, the following facts are considered: (a) the Defendant led to confession of and reflect against the instant crime; (b) the Defendant was suffering from dependence on the use of alcohol; and (c) the instant crime was committed by contingently under drinking; (c) the instant crime was committed by threatening the victim as it is a dangerous object; (d) the nature of the relevant crime is not good; (c) the Defendant did not reach an agreement with the victim up to the trial; (d) the Defendant was under criminal punishment several times including the same criminal power in the past; and (e) the Defendant was sentenced to imprisonment with prison labor for more than one year; and (e) the Defendant committed the instant crime without being informed of the punishment during the period of repeated offense; and (e) the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) was sentenced to imprisonment with prison labor for more than one year; and (e) the punishment for six months sentenced by the lower court may be sentenced after mitigation of volume in the instant case without any other legal grounds; and (e) the motive, circumstances and circumstances of the instant crime;