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 in a drunken state at the time of the crime in this case, considering the background, process of the crime, and the defendant's behavior before and after the crime, it does not seem that the defendant did not have or lacks the ability to discern things or make decisions. Therefore, the defendant's mental and physical disorder argument is without merit.

B. Although it is recognized that the defendant's mistake is recognized as to the unfair argument of sentencing, and it is against the victim, the crime is not less severe in light of the content of the crime in this case and the degree of injury to the victim, the defendant has a majority of the criminal records, including the previous criminal records of this case, and the defendant has been punished as the same crime and the crime of double crime, and other various circumstances, including the defendant's age, sex and criminal conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., which are the conditions of sentencing as shown in the record, are not unfair since the court below's punishment is too unreasonable. Thus, the defendant's improper assertion of sentencing 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.