The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant was under the influence of alcohol at the time of committing the instant crime, he/she should be mitigated from punishment.

B. The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court, the fact that the Defendant was under the influence of alcohol at the time of the instant crime is recognized.

However, in light of the following circumstances acknowledged by the above evidence, i.e., the reason and circumstances disputing the victim at an investigative agency, the circumstance and method of assaulting the victim, the situation of the victim who was assaulted, the situation of the victim who became the victim to the hospital after the crime, etc., the circumstance and method of the crime of this case, the defendant's behavior before and after the crime of this case, and the defendant's statement attitude in the investigative agency, etc., it cannot be deemed that the defendant was in a state that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. The instant crime on the assertion of unfair sentencing is a case where: (a) the Defendant, while drinking alcohol at a restaurant, takes the victim who was able to take a bath from the victim, who is another customer, and assaults the victim’s chest and her head, thereby causing the victim to an unknown state; (b) the nature of the relevant crime and the method of the relevant crime are very poor; (c) the victim is unable to identify or talk with others due to the instant crime; and (d) the victim is likely to suffer from such disability permanently; and (c) the victim is hospitalized at the Changwon University Hospital to receive treatment on July 25, 2016.