The defendant's appeal is dismissed.

1. Reasons for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was physically and mentally deprived or physically weak.

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

2. Determination

A. The Defendant’s assertion of mental and physical disorder is deemed to have drinking prior to the instant crime, but in light of the details and method of the crime, and the Defendant’s attitude before and after the crime, the Defendant did not have a mental and physical loss or mental weakness due to drinking.

It is reasonable to view it.

The defendant's mental disorder is without merit.

B. It is desirable to respect the sentencing conditions of the lower court in cases where there is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing, and the sentencing of the lower court does not deviate from the scope of reasonable discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, taking full account of the various circumstances regarding the sentencing of the Defendant into account, determined a punishment within a reasonable scope, and did not find any circumstances that may be newly considered in the appellate trial.

When considering the fact that the defendant committed the crime of this case during the period of probation after being sentenced to 6 months of imprisonment with prison labor for the same crime as the defendant, and 2 years of probation due to special intimidation, the sentence of the court below is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.