The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had mental illness such as depression, etc., and at the time of committing the instant crime, he/she was physically and mentally deprived or mentally weak at the time of using a water surface guidance and drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (one year and ten months, etc. of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was hospitalized in the hospital with several mental symptoms, and it is recognized that the defendant used 1 eggs at the time of committing the instant crime and was in a drinking condition.

However, the defendant's mental appraisal showed that "the mental disorder was not presumed to have been in a state of mental disorder that may interfere with the physical change ability and decision-making ability at the time of the crime of this case" was not the result and method of the crime of this case, the behavior of the defendant before and after the crime of this case, and the defendant's statement in the investigative agency (the defendant was not under the influence of alcohol at the time of the police investigation on

In light of the statements made by the Defendant and the degree of attitude, etc., the Defendant was in a state of loss or lack of the ability to discern things due to mental illness, main action, etc. at the time of committing the instant crime.

It does not seem that it does not appear.

We do not accept this part of the defendant's assertion.

B. The circumstances favorable to the determination of the unfair argument of sentencing – the Defendant recognized the instant facts charged.

- The victim does not want to punish the defendant, but want to take the action against the defendant.

- The defendant has a mental illness, such as depression, and such mental illness seems to have an impact on the crime of this case.

Unfavorable circumstances - The defendant demanded the victim to pay money to his mother.