The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, and there are legal grounds for reduction or exemption.

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

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental disability, which was duly adopted and examined by the lower court, were deemed to have been in a state of lacking the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s above assertion cannot be accepted.

B. As to the assertion of unreasonable sentencing, consideration should be given to the fact that the Defendant both led to the confession and reflects on the instant crime, and that the victim is not subject to the punishment of the Defendant.

However, the crime of this case interferes with business by taking a bath at a coffee shop without any reason under the influence of alcohol, and the nature of the crime is inferior, and the defendant committed the crime of this case during the period of repeated crime after being released even though he had been sentenced to a punishment for the same crime as this case, and the defendant committed the crime of this case during the period of repeated crime after being released therefrom even though he had served the same history as this case, and it is not deemed that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is rejected.

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

However, in the summary of the evidence of the judgment of the court below, it is omitted from the inquiry report, investigation report (the confirmation of the release of the suspect and the attachment report of the judgment).