A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the first instance court (3 million won in penalty) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant is deemed to have been under the influence of alcohol at the time of committing the instant crime, but in light of the process leading to committing the crime, the means and method of committing the crime, and the circumstances after committing the crime, etc., the Defendant was at the time, who had no or weak ability to distinguish

Therefore, the defendant's above assertion is rejected.

B. As to the unfair argument of sentencing, the fact that the defendant is divided into his mistake and the victim does not want the punishment is favorable to the defendant.

However, in light of the method of the crime of this case, the fact that the nature of the crime is not good, and that the injury suffered by the victim is not weak, etc. are disadvantageous to the defendant.

In addition to the above circumstances, in full view of all other circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the first deliberation sentence against the Defendant cannot be deemed to be unfair as it goes beyond the scope of the sentencing discretion.

Therefore, the defendant's improper assertion of sentencing cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.