The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant was drinking at the time of the instant crime, but in light of various circumstances, such as the background of the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime, it is not recognized that the Defendant had no or weak ability to discern things due to drinking at the time of the instant crime.

Therefore, the defendant's mental disorder is not accepted.

B. It is recognized that the Defendant’s decision on the assertion of unfair sentencing is in the future and would not repeat a crime again, and that the Defendant led to the confession of the instant crime and reflects his mistake, etc., but this seems to have already been considered in the sentencing of the lower court.

In addition, the crime of this case was committed at the main point in which the defendant was operated by the victim, carrying dangerous things, such as the victim's disease or fire fighters, obstructing the main duties by avoiding disturbance, threatening the victim and damaging property in the process. In light of the motive, method and contents of the crime, the crime was considerably poor in light of the motive, method and contents of the crime, and there was a history of criminal punishment for the defendant several times. In particular, the defendant started to commit the crime of this case at nine months only after release without being aware of the fact that he was committed during the repeated crime period of the same crime, and it was shown in the arguments of this case, such as equity in sentencing and sentencing with the same and similar incidents, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.