The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, who was physically and mentally weak, was drunk at the time of committing the instant crime, and committed the instant crime under the mental and physical weak condition at the time of the instant crime, the sentence against the Defendant ought to be mitigated.

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

2. Determination

A. According to the records of mental and physical weakness, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, the Defendant’s assertion is without merit, given that the Defendant’s ability to discern things or make decisions at the time of committing the instant crime cannot be seen as lacking the ability to discern things at the time of committing the instant crime.

B. Sentencing for sentencing is unfair, and it is favorable to the defendant that the defendant recognized the crime of this case and reflects the victim's injury, and that the victim expressed his intention not to punish the defendant and expressed his intention not to punish the defendant.

However, considering the fact that the defendant had a majority of criminal records for the same offense, and that the defendant committed a second offense without being familiar with the probation period, and that there is no particular change in the sentencing conditions compared with the original judgment, the court below’s punishment cannot be deemed to be unfair because it is too unreasonable. Thus, the above argument by the defendant 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.