The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the crime.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant to commit a crime, the means and method thereof, the Defendant’s attitude and behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc., although it is deemed that the Defendant had drinking alcohol at the time of the commission of the crime, the Defendant had the ability to discern things or make decisions.

shall not be deemed to exist.

B. In full view of the fact that the Defendant was punished as a violent crime, the fact that there was no agreement with the victim, the equity in sentencing with the accomplice, the Defendant’s age, sex conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., which are conditions for sentencing, and there is no special change in circumstances or circumstances that may change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.