The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions by taking advantage of the right and wrongness.

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

2. Determination:

A. According to the records of mental and physical disability, it may be recognized that the Defendant committed the instant crime under the influence of drinking. However, in light of the background and means of the instant crime, the Defendant’s act before and after the instant crime, etc., it does not seem that the Defendant had the weak ability to discern things or make decisions by drinking at the time of the instant crime.

B. It does not seem that there are new circumstances or special changes in circumstances to reflect in the sentencing after the sentence of an unreasonable sentencing judgment, and further, considering the circumstances and various sentencing conditions stated in the reasons for sentencing as a whole, it cannot be said that the lower court’s sentence was excessively excessive and exceeded the reasonable scope of discretion.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.