A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. In light of the circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, the Defendant did not have any mental and physical loss or mental weakness at the time of committing the instant crime, in view of the following: (a) the method and method of committing the instant crime, and the circumstances after committing the instant crime

Since it is recognized, the defendant's argument on this point is without merit.

B. Taking into account the fact that the defendant made a confession and reflects the judgment on the illegal argument of sentencing, and that the amount of defraudation is relatively small and smoothly agreed with the victim, even though the defendant was subject to criminal punishment not exceeding 20 times including the same crime, recidivism without being aware of the recidivism during the period of repeated crime due to the same crime, in light of the fact that the defendant suffering from alcohol and repeatedly commits the crime, it seems necessary to improve the edification through confinement rather than leaving the defendant to his own will, and in addition, considering all other circumstances that are conditions for the sentencing, such as the defendant's age, sexual behavior, motive, means and consequence of the instant crime, and the circumstances after the crime, it does not seem unfair since the court below's punishment is too unreasonable.

Therefore, the defendant's assertion on this point is without merit.

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. It is so decided as per Disposition.