A. The defendant does not injure the victim by mistake of facts.

B. 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.

(c)

Sentencing 1 Deliberation Sentencing(2 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the defendant can be found to have inflicted an injury on the victim as stated in its reasoning.

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

B. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime, but, in light of the content of the instant crime and the behavior shown by the Defendant before and after the instant crime, the Defendant was under the influence of alcohol to discern things or make decisions, and the Defendant was under the lack of ability to discern things or make decisions.

Therefore, the defendant's mental disorder is without merit.

(c)

In full view of the circumstances leading up to the Defendant’s wrongful argument of sentencing, in light of the background leading up to the instant case, the details of the offense, the method and form of the offense, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, sex, environment, family relation, and criminal record, the first deliberation of the Defendant’s sentencing is too unreasonable, and thus, the Defendant’s wrongful argument of sentencing 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.