The defendant's appeal is dismissed.

The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below against the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

According to the evidence duly admitted and examined by the court below as to the allegation of mental disorder on the grounds of appeal, the defendant was deemed to have a drinking condition at the time of committing the instant crime, but in light of the background leading up to the instant crime, the method and method of committing the crime, and the circumstances after committing the crime, etc., the court below had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant recognized the crime of this case as well as the fact that the injured person does not want the punishment of the defendant by mutual consent with the victim, the court below has already determined the punishment by taking into account the circumstances favorable to the defendant. This case is the case where the defendant committed an assault against the victim by taking the attitude that the shoulder glass disease, which is the dangerous object, seems to be on the part of the victim who was pregnant with his own child, and the liability for the crime is heavy; there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the decision of the court below was made; and other various circumstances that are conditions in the sentencing as shown in the records and arguments, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and result after the crime, etc., are comprehensively examined, the sentencing of the court below is determined within a reasonable and reasonable and reasonable scope, and it is not determined that it is unfair because it is excessively determined.

In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.