The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on the part of the Defendant.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the argument of mental disorder or mental retardation, even though the defendant was found to have drinking alcohol at the time of the crime in this case, in light of the circumstances indicated in the records, such as the background of the crime and the defendant's act before and after the crime, it is not deemed that the defendant under the influence of alcohol at the time of the crime in this case, lost the ability to distinguish things and make decisions, or caused the weak ability to do so, and thus, this part of the defendant'

B. The Defendant’s wrong determination on the assertion of unfair sentencing is against the Defendant, and deposit KRW 500,00 for the victim, and the victim’s health status as an old age is not good is favorable to the Defendant.

However, considering the crime of this case in light of the criminal implements and the part of injury, there were risks to the extent that the victim may lose his/her hiding, the victim did not reach an agreement with the victim, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment sentenced by the court below is reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.