The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence (10 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. Although it is acknowledged that the amount of damage in the instant case was not much weighted and that the Defendant agreed smoothly with the victim, the Defendant has repeatedly committed a crime with no prior type of crime. In particular, even if the Defendant had been placed in the place of the suspension of the execution of imprisonment due to the crime with no prior type of crime prior to the instant case, the risk of repeating the instant crime appears to be significantly high during the suspension of execution, and in full view of other various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment was too excessive, and thus, it does not seem unfair. Accordingly, the Defendant’s wrongful assertion on the sentencing of the Defendant is groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.