A. As the Defendant, with mental and physical disorder under the influence of alcohol, committed the instant bodily injury under the condition of mental and physical loss or mental weakness, liability should be dismissed or mitigated.

B. The sentence sentenced by the lower court against the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the developments, contents, means, and methods of each of the instant crimes and the circumstances before and after the commission of the crime, etc., the Defendant was physically and mentally deprived or physically weak at the time of the commission of the bodily injury as stated in the judgment below.

Therefore, this part of the defendant's assertion is without merit.

B. There is no circumstance to consider the circumstances favorable to the Defendant, such as the fact that the Defendant deposited KRW 28 million for the victim, and the Defendant appears to have committed the instant injury in contingency under the influence of alcohol.

However, the degree of injury inflicted on the victim is so vague as to make it impossible for the victim to lead a normal life without the aftermath of injury, and the defendant's other crime of this case is committed again without being subject to criminal punishment for the same kind of crime, and there is a high possibility of criticism. Considering all the sentencing conditions of this case, such as the defendant's age, sexual conduct, environment, background of the crime of this case, circumstances before and after the crime, etc., the court below's sentence against the defendant is too too unreasonable, and therefore there is no reason to assert this part of the defendant's assertion.

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.