The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to each evidence duly admitted and examined by the court below on the part of the claim for mental disorder, the defendant's drinking at the time of the instant case is recognized.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, the criminal defendant’s conduct before and after the crime, etc., it cannot be deemed that the act has led to the weak state of the ability to discern things or make decisions.

This part of the defendant's assertion is not accepted.

B. The crime of this case committed an unfair assertion of sentencing is not likely to be a crime of intimidation again to the victim on the same day, even though the defendant was notified of the act of disturbance with the victim.

The defendant did not agree with the victim by the date the judgment of the court is rendered.

In addition, the Defendant committed the instant crime again during the period of repeated crime due to the same crime, and the risk of repeating the crime is high due to the high record of the same kind of assault.

In addition, comprehensively taking account of all the circumstances that form the conditions for sentencing, such as the background, means, results, and circumstances after the crime of this case, the lower court’s sentence is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.