The defendant's appeal is dismissed.

1. 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 sentence of the lower court (one month of imprisonment, six months of confiscation) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was in a state of drinking alcohol at the time of the above crime, in light of the following circumstances: (a) the Defendant was in a state of weak ability to discern things or make decisions due to drinking, in view of the process, means and methods of the crime, and the Defendant’s speech and behavior before and after the crime

Therefore, the defendant's above assertion is without merit.

B. The favorable circumstances are that the Defendant made a confession of the instant crime and reflects his mistake.

However, in light of the unfavorable circumstances, such as the Defendant’s age, sexual behavior, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too excessive and unreasonable, and there is no reason to deem the Defendant’s above assertion as there is no reason to believe that the Defendant’s above assertion is not reasonable, in light of the following circumstances: (a) the Defendant’s age, sexual behavior, occupation, and environment; (b) the Defendant’s motive and circumstance leading to the instant crime; and (c) the various sentencing conditions as indicated in the instant case’s records and changes.

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.