A. The Defendant with a mental disorder was under the influence of alcohol at the time of committing the instant crime, etc.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence for four months) is too unreasonable.

2. Determination

A. In full view of the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation amount, etc. acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, even though it is recognized that the Defendant had a considerable number of drinking at the time of the instant crime, but has lost or weak ability to discern things or make decisions.

As such, the defendant's above assertion cannot be accepted.

B. The court below's punishment is deemed appropriate in light of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as various conditions of sentencing as shown in the oral proceedings, such as the defendant's age, sexual conduct, environment, motive of the crime, means and consequence, although the defendant had no record of having been sentenced to punishment several times, the defendant committed the crime in this case even though he had the record of committing the crime committed several times of violence inclinations, and the defendant interfered with the victim's business on the day of the case, even though he received warning from the police officer by obstructing the victim's business on the day of the case. Thus, the defendant's above assertion is not reasonable.

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.