The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant asserts that, at the time of committing the instant crime, the disease was suffering from brain damage caused by a traffic accident and was in a state of mental or physical disability or mental disorder.

B. The Defendant asserts that the sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the records on the part of the assertion of mental and physical disorder, it is recognized that the Defendant’s intellectual function is at the level of boundary, the Defendant has a impediment to alcohol use, and the Defendant has suffered cerebral transfusion due to a traffic accident following the traffic accident in the past under drinking condition.

However, in the mental appraisal report of the issuance of the Medical Treatment and Custody Director (the President of the National Judicial Hospital), stating that “the defendant has a disability of character and alcohol use, but the defendant is deemed to have sufficient ability to distinguish objects and make decisions at the time of committing the crime, and therefore, it cannot be deemed that the defendant was a mental or physical disability or mental disorder at the time of committing the crime.” In light of the background and method leading up to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions

Since it seems that the defendant was in a state or weak condition, the defendant's argument about mental disorder is not accepted.

B. The Defendant’s assertion of unfair sentencing is favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and against the mistake.

However, the crime of this case is a case where the head of the victim was at prices with stone stone (21cm, 11cm in length, 11cm in height, 3.6km in weight) which is a dangerous thing of the defendant. The victim was under brain surgery in this case, and the damage was not completely recovered, and the defendant was sentenced to two years of imprisonment for serious injury in around 209.