The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness while under influence of alcohol.

B. The sentence of the lower court against the Defendant (four months of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, the defendant was deemed to have had the ability to discern things or make decisions due to drinking, in light of the circumstances leading up to the crime, the means and method of the crime, and the behavior and circumstances of the defendant before and after the crime.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. In light of the following: (a) considering the unfair argument about sentencing, the victim does not want the punishment of the defendant by mutual consent with the defendant; (b) the defendant appears to have committed a contingent crime in the oral transport; and (c) the attitude of recognizing and reflecting his or her mistake appears to be favorable to the defendant.

However, the crime of this case is committed in a restaurant operated by the defendant, and it is not good that the defendant spawns the victim and the restaurant customers for one hour, such as the breathing of breath, etc. of employees who spawn, and the quality of the crime is not good. The defendant has already been sentenced to 7 years of imprisonment for the same kind of crime, in particular, around July 2016, he was sentenced to 1 year of the suspended sentence for 6 months, and was sentenced to 1 year of the suspended sentence of imprisonment for the same kind of crime. The above suspended sentence was punished for the same kind of crime around March 2017, which was subject to the suspended sentence, but again committed the crime of this case before the said suspended sentence is imposed, taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, circumstances after the crime, and changes in circumstances after the sentence of the judgment below.