(2) The sentence of the lower court (an amount of KRW 1.5 million) that was unfair in sentencing is too unreasonable.

2. (1) According to the records of the instant case’s determination on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

(2) The following points are favorable to the Defendant’s assertion of unfair sentencing.

Defendant reflects on crimes.

The degree of the assault in this case is not obvious.

On the other hand, the following is disadvantageous.

Although there has been a history of criminal punishment over several times for violent crimes, the crime of assaulting other persons while drinking alcohol has been committed again.

The crime of this case was committed by the Defendant by putting the gate, which is a dangerous object, at the head of the victimized person, and violence was committed, and thus, there is a risk of serious consequences, so the crime is not good.

There was no agreement with the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., even if the circumstances favorable to Defendant were fully considered, the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

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.