The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of depression and alcohol addiction, and considerable quantity of alcohol was in a state of mental disability with no or weak capacity to discern, or make decisions on, the subject matter.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of all the circumstances, such as the Defendant’s speech and behavior at the time of committing the instant crime, the victim’s statement, etc., it cannot be seen that the Defendant lacks the ability to discern things or make decisions at the time of committing the instant crime, and thus, the Defendant’s above assertion is rejected.

B. As to the assertion of unreasonable sentencing, the fact relevance of the instant crime is recognized and against the Defendant is favorable to the Defendant.

However, in full view of various circumstances as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and it is deemed that the judgment of the court below was judged that it exceeded the reasonable limit of discretion, or that it is unfair to maintain it, without being sentenced to a suspended sentence for the same crime, even though the defendant was sentenced to a prison term for the same crime, and again committed the crime of this case.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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