The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from mental illness such as alcohol-related existence, and was under the influence of alcohol, and thus was in a state of mental disorder or mental disorder.

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

2. Determination

A. According to the records of this case as to the assertion of mental disorder, it is recognized that the defendant had been treated with alcohol proof, etc. at the time of the crime, and that he had drinking at the time of the crime. However, in light of the following circumstances, such as the process, means and method of the crime, the defendant's speech and behavior before and after the crime, etc., the defendant did not have the ability to discern things or make decisions by reason of the above crime.

Since it does not seem that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. Although there are favorable circumstances such as the Defendant’s in-depth reflection of his mistake, the fact that part of the victim does not want the Defendant’s punishment, the Defendant committed the instant crime during the repeated crime period, and the lower court appears to have determined the punishment by considering all favorable circumstances for the Defendant, and there are no changes in circumstances that may be considered in sentencing after the lower court’s judgment, taking into account various circumstances such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions appearing in the records and arguments, the lower court’s sentencing against the Defendant is deemed to be improper and unfair. Thus, the Defendant’s assertion on this point is without merit.

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.