The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to drinking.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, the defendant is deemed to have a drinking condition at the time of the crime of this case, but in light of various circumstances, such as the background leading to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime, the defendant was in a state of lacking ability to discern things or make decisions due to drinking.

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

B. In light of the fact that the Defendant had been punished several times due to the crime of violence and obstruction of the performance of official duties, even though there was a history of judgment as to the illegal allegation of sentencing, the Defendant committed the crime of this case again, and taking into account the motive and background leading to the crime of this case, the circumstances after the crime, and other various conditions of sentencing as indicated in the records, such as the Defendant’s age, sexual behavior, environment, etc., even if given that the agreement was reached with the victim of the crime of damage, the sentence imposed by the lower court is too unreasonable. Thus, the Defendant’

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.