The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

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

2. Determination

A. In full view of the facts found by evidence duly adopted and examined by the court below as to the claim of mental retardation, the defendant's act before and after the crime of this case, and the circumstances after the crime of this case, it cannot be viewed that the defendant was in a state of drinking but lacks the ability to discern things or make decisions due to drinking, and thus, the above assertion by the defendant cannot be accepted.

B. In light of the fact that there is no agreement with the victim on the assertion of unfair sentencing, the defendant did not reach an agreement with the victim on the assertion of unfair sentencing, the defendant has a record of crimes including the criminal records related to violence, the defendant committed the crime of this case during the period of repeated crime due to the present main structure and fire prevention, and other various conditions of sentencing as indicated in the records, such as the motive and background leading to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct after the crime, and the environment, etc., the punishment imposed by the court

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.