The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was drunk and was in a state of mental disability.

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

2. Determination

A. Comprehensively taking account of each evidence duly admitted and examined by the court below as to the claim of mental retardation, the defendant is deemed to have a drinking alcohol at the time of the crime in this case, but on the other hand, in light of all the circumstances such as the circumstances leading to the crime acknowledged by each of the above evidence, the method of the crime, and the defendant's specific behavior attitude before and after the crime, it cannot be deemed that the defendant has reached a state where the defendant lacks the ability to discern things or make decisions due to drinking at the time of the crime

B. As to the assertion of unfair sentencing, the Defendant’s refusal to commit the instant crime and reflects his mistake, and the fact that the court below agreed with the victim is deemed to have sentenced to discretionary mitigation and a limited imprisonment, taking full account of the above circumstances in sentencing. In the trial, there is no change in circumstances where to reduce the sentence again, and the Defendant has the history of having been punished as the same kind of force several times, and in consideration of the Defendant’s age, criminal record, character and conduct, family environment, motive, means, method, and consequence leading to the instant crime, and other various sentencing conditions indicated in the instant records and arguments, such as the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to be unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.