The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed part of the instant public prosecution in the instant case where the Defendant appealed on the grounds of mental and physical weakness and unfair sentencing only for the guilty portion among the lower judgment. As such, the part of the lower judgment’s dismissal of the above public prosecution becomes final and conclusive, only the convicted part of the

2. Summary of reasons for appeal;

A. At the time of the instant crime, the Defendant was suffering from depression and alcohol dependence, and thus, was in a state of weak ability to discern things or make decisions.

B. The sentence sentenced by the lower court (4 months of imprisonment, confiscation) is too unreasonable.

3. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness, the defendant is deemed to have received treatment with depression and alcohol dependence at the time of the crime of this case, but in full view of the circumstances leading to the crime, the means and method of the crime, the defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

B. The instant crime of determining the illegality of sentencing is an act of assaulting a victim by using the country in which the Defendant was a dangerous object, and the nature of the crime is bad.

Although the Defendant had been punished several times for the same crime, the Defendant committed the instant crime at the same time during the repeated crime period, and did not make any effort to recover the damage.

In full view of the aforementioned circumstances and the Defendant’s age, sex, environment, motive and background of the crime, and all the conditions of sentencing as shown in the instant records and arguments, including the circumstances after the crime, the Defendant was friendly.