The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

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

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. According to the records on the assertion of mental disorder, even though the defendant was in a drunken state 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 behavior before and after the crime of this case, it cannot be deemed that the defendant did not have or lacks the ability to discern things, and thus, the above assertion by the defendant cannot be accepted.

3. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

4. 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.