The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

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

2. Determination

A. Comprehensively taking account of each evidence duly admitted and examined by the court below as to the claim of mental retardation, the defendant is deemed to have served alcohol at the time of the crime in this case, but on the other hand, in light of all the circumstances such as the circumstance leading up to the crime recognized by each of the above evidence, the method of the crime, and the defendant's specific behavior attitude before and after the crime, it cannot be deemed that the defendant did not have an ability to discern things or make decisions due to drinking at the time of the crime in this case. Thus,

B. Although the Defendant reflects the instant crime, it is inevitable to sentence sentence in light of the fact that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she had the same history of force several times due to the same criminal act, and that he/she committed the instant crime again.

In addition, considering the defendant's age, character and conduct, family environment, criminal records, circumstances leading to the crime of this case, circumstances after the crime of this case, and all the sentencing conditions shown in the records and arguments, the punishment sentenced by the court below is not appropriate and hot. Thus, the defendant's above assertion is without merit.

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