The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol.

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation amount, etc., acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, even though it is deemed that the Defendant had a considerable amount of drinking at the time of the instant crime, but was in a state that the Defendant lost or lacks the ability to discern things or make decisions.

As such, the defendant's above assertion cannot be accepted.

B. The fact that there was an agreement with the victim on the wrongful argument of sentencing is the reason for sentencing favorable to the defendant.

However, there is a number of criminal records of violence including the same criminal records, and there is a violation of the Punishment of Violences, etc. Act (joint assault), and thus, there is a high possibility of criticism in that the defendant committed the crime of this case even after the execution of punishment is completed, and there was a serious effort to prevent it notwithstanding the crime in the repeated state.

In addition to the fact that the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., considering the various conditions of sentencing as shown in the arguments, such as the circumstances after the crime, the court below's punishment is too excessive and it is deemed unfair. Thus, the defendant's above assertion is without merit.

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.