The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was deemed to have drunk at the time of the instant crime, in view of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant was in the state of having no or weak ability to discern things or make decisions due to drinking.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. After the judgment of the court below on the unfair argument of sentencing, changes in circumstances where the defendant deposits three million won to the victim are made.

However, considering all the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence against the Defendant who committed an assault against the victim cannot be deemed unfair, even if the Defendant’s assertion on the grounds of appeal was taken into account.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.