The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant, who was physically and mentally deprived or physically weak, was under the influence of alcohol, was in a state of mental and physical loss or mental weakness.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, in light of the fact that the defendant was aware of drinking alcohol at the time of the crime of this case, but the defendant was investigated by an investigative agency to clearly memory and stated the contents of the crime of this case, the defendant cannot be deemed to have suffered damage to things or lacks the ability to make a decision at the time of the crime. Thus, the above assertion is rejected.

B. Although there are extenuating circumstances such as the defendant's wrong determination of the unfair argument of sentencing, and the victim's failure to want the punishment of the defendant, the defendant committed the crime of this case at another time during the same repeated crime even though he had been punished several times for the same kind of crime, and in full view of all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the court below's punishment is without merit and it does not seem unfair. Thus, the above assertion is rejected.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.