The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The Defendant, while under the influence of alcohol, did not have a criminal intent of larceny.

C. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, even though the defendant was found to have drank at the time of the crime of this case, in light of various circumstances, such as the background, method, content, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions at the time of the crime.

Since it seems that the defendant did not seem to be in a state or weak condition, this part of the defendant's assertion is rejected.

B. According to the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, the defendant at the time of the instant case was found to have removed the toilet window in order to enter the victim's residence beyond a locked iron, and the fact that the victim was discovered in the process, and that the victim was immediately concealed and was faced with the body. In light of these circumstances, the defendant's intent of theft can be sufficiently recognized.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, even though the defendant was under the influence of alcohol at the time of the instant case, the defendant was divided and reflected, and a written application for a written application seeking a preference from the victim was submitted, the defendant has a previous criminal record of the same suspended sentence, the crime of this case was committed during the suspended sentence period, and the statutory punishment of the instant crime is imprisonment for not more than 10 years, and it is inevitable to sentence the defendant, and other records and arguments of this case, such as the defendant's age, character and behavior, criminal record, motive and circumstance of the instant crime, circumstances after the instant crime, etc.