The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In so determining, the lower court erred by violating the Constitution, laws, orders, or rules, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The Defendant committed the instant crime in a state of mental disorder or mental disability.

C. The punishment of the lower judgment (10 months of imprisonment) is too unreasonable.

2. Determination:

A. According to the record of the instant case’s assertion of misapprehension of legal principles, the lower court did not err in its judgment by misapprehending the statutes or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

Therefore, the defendant's above assertion is without merit.

B. The lower court already recognized that the Defendant was in a state of mental disorder by drinking alcohol at the time of committing the instant crime, and determined a punishment after mitigation of mental disorder by applying Articles 10(2) and 55(1)3 of the Criminal Act. The lower court’s decision is acceptable, and therefore, this part of the Defendant’s assertion is without merit.

C. We examine the judgment on the assertion of unfair sentencing. Although it is acknowledged that the defendant reflects the crime of this case, and agreed with the victim at the investigation stage, the defendant has the same career in several times, there are multiple different types of criminal records, and the defendant commits the crime of this case without being aware of it during the period of suspension of execution. The court below determined punishment in consideration of the circumstances that the defendant already committed the crime of this case after mitigation of mental and physical disability and discretionary mitigation, and considering the circumstances that the first crime of this case will be invalidated after the suspension of execution, the court below determined punishment in consideration of the circumstances such as the background of the crime of this case, the defendant's age, occupation, character and behavior, environment, circumstances after the crime of this case, the risk of recidivism, and all other matters concerning the sentencing as shown in the records and arguments of this case, the judgment of the court below is reasonable, and therefore the above assertion

3. According to the conclusion, the Defendant’s appeal is without merit.