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 (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the defendant's drinking alcohol at the time of the crime of this case is recognized, and the fact that the defendant is taking the spirit and medicine of the usual mind is recognized.

However, in light of the background of the instant crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

B. As to the unfair argument of sentencing, the fact that the defendant recognized a mistake and reflects it, and that there was an agreement with the victim P during the investigation process, etc. are favorable to the defendant.

However, the Defendant was subject to criminal punishment more than 20 times due to violent crimes, including sentence of imprisonment.

Not only began to repeatedly commit each of the instant crimes because it does not go against the discharge, but also the nature of the instant crimes, such as overcoming the fact that the instant crime was committed, and frighting to people around, are bad.

In addition, considering the age, character and environment of the defendant and the circumstances before and after the crime, various sentencing conditions as shown in the records and arguments, the sentence of the court below against the defendant is too unreasonable.

3. 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.