The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant committed a crime in a state of mental or physical disability under the influence of alcohol and has a requisite mitigation reason; (b) even if not, the sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. First of all, according to the records, the defendant is found to drink at the time of the crime of this case, but in light of the circumstances leading up to the crime of this case, the defendant's attitude before and after the crime of this case, and his speech and behavior, etc., it cannot be seen that the defendant had a weak ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

Next, considering the following circumstances, the lower court’s sentencing is reasonable in light of the following: (a) the Defendant had a history of having been punished several times for another crime; (b) the Defendant did not recover from damage to the victim; (c) the Defendant committed the instant crime without reflection even during the period of repeated crime; (d) the motive and background of the instant crime; (b) the circumstances after the instant crime was committed; and (c) the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing specified in the records and arguments of the instant case,

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.