The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability, with mental impulse and alcohol caused by the suicide of a friendly Gu, and was in a state of mental disorder.

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

2. Determination

A. According to the records on the existence of mental and physical disorder, even though the defendant was deemed to have drinking at the time of the crime of this case, in light of the background of the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking, etc. at the

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. It is advantageous to the fact that the Defendant’s mistake is divided into and against his own mistake, and the victim does not want the punishment against the Defendant by mutual consent with the victim.

However, the Defendant committed the instant crime even though he was sentenced to a suspended sentence due to the commission of violence, the crime of bodily injury resulting from rape, etc., and the Defendant appears to have committed the instant crime in consideration of the circumstances favorable to the Defendant in the original judgment, and there is no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, circumstance after the crime, etc., it is deemed that the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is without merit.

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

However, Article 341(1) of the Criminal Act provides that “Article 341(1) of the Criminal Act” as set forth in Part 5 of the judgment of the court below is “Article 314(1)”.