The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally or physically deprived or mentally weak, was under the influence of alcohol at the time of committing the instant crime.

The argument is asserted.

B. The Defendant asserts that the sentence of punishment imposed by the lower court (eight months of imprisonment) is too large and unfair.

2. Determination

A. According to the record on the assertion of mental and physical loss or mental weakness, even though the defendant had drinking alcohol at the time of the crime of this case, in light of the background and method leading up to the crime of this case, the horse and behavior of the defendant before and after the crime of this case, etc., the defendant had no or weak ability to discern things due to the above disability at the time of the crime of this case.

Therefore, the defendant's mental and physical loss or mental weakness cannot be accepted.

B. It is recognized that the Defendant recognized his mistake and reflects the determination of the illegal allegation of sentencing, and that the evidence that the Defendant suffered from a series of years appears to have an impact on the occurrence of the instant crime, and that the crime of interference with business affairs in the judgment of the court below and the crime of concurrence after Article 37 of the Criminal Act should be sentenced at the same time in consideration of equity with the case where the judgment is to be rendered.

However, on August 12, 2016, the Defendant was sentenced to one year to imprisonment with prison labor due to interference with the business affairs as indicated in the lower judgment, and committed the instant crime even when he was in the repeated crime period after the execution of the sentence was completed on January 26, 2017. The Defendant committed the instant crime; the victim suffered considerable damage, such as defrising, etc. due to the instant crime, but did not completely recover from damage up to the first instance trial; and the Defendant had the record of having been sentenced several times of punishment including punishment for the past violent crime, etc., taking into account the circumstances unfavorable to the Defendant, and may be newly considered in sentencing after the sentence of the lower judgment.