The defendant's appeal is dismissed.

1. Reasons for appeal;

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

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

2. Determination

A. According to the evidence duly admitted and examined by the court below on the argument of mental and physical weakness, the defendant appears to have been under the influence of alcohol at the time of committing the instant crime. However, in light of the details and contents of the crime and the circumstances before and after the instant crime, it cannot be deemed that the defendant committed the physical and mental weakness. Therefore, the defendant's argument of mental and physical weakness is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable

The circumstances alleged by the defendant on the grounds of appeal (such as the agreement with the victim, the victim's injury is relatively not much severe, the prevention of recurrence, etc.) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation of the court below and the party concerned, the sentence of the court below is too unfair because it exceeds the reasonable scope of discretion.

3. In conclusion, 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. It is so decided as per Disposition.