The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant made a confession to commit the instant crime.

The Defendant’s health is not good, such as continuously receiving medical treatment since the outbreak of a leuk blood disease in 2015.

The following records, which the defendant was punished for the same crime, are old before 2004.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.110%.

In 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of embezzlement, and was sentenced to two years of suspended sentence, and committed the instant crime during the suspended sentence.

The defendant has four times of fine for the same crime, and one time of suspended sentence of imprisonment, respectively.

In light of the attitude of the defendant who appears in the trial proceedings of the court, his mistake does not seem to be divided into the truth.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion 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.