The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, although the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of various circumstances, such as the background leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's act before and after the crime of this case, the defendant did not have the ability to discern things at the time of the crime

The defendant's above assertion is not accepted as it seems to be in a state or weak condition.

B. The Defendant’s confession of the instant crime is favorable to the Defendant, etc.

However, even though the Defendant had had been punished several times for the same and different crimes, if comprehensively considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s sentence against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

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