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The defendant's appeal is dismissed.
Reasons
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 first instance court erred by exceeding the scope of alcohol.
B. The sentence of imprisonment (three years of imprisonment) imposed by the first instance court on the defendant is too unreasonable.
2. Determination:
A. According to the records on the assertion of mental disorder, it does not seem that the defendant has a lack or weak ability to discern things or make decisions due to drinking at the time of the crime in this case, in light of various circumstances, such as the circumstance leading to the crime in this case, the means and method of the crime, the defendant's behavior before and after the crime in this case, and the defendant has made a statement by systematically memorying the process of the crime.
Therefore, the defendant's mental disorder cannot be accepted.
B. As to the Defendant’s assertion of unfair sentencing, the circumstances are recognized, such as the fact that his mistake is divided with respect to the Defendant’s injury inflicted on the victim, and the fact that the Defendant paid KRW 5 million from the first instance court to the Defendant, and the victim wants to take the Defendant’s prior action in agreement with the victim.
However, the crime of this case was committed on the date when the defendant requested that the victim would be able to use it for the defendant in drinking house, and the victim and his behavior were in conflict with it, and the victim was neglected to take the bath at the time despite the completion of the dispute, and confirmed that the victim was moving to a singing room 50 meters away from his house, and returned to his house, and waited for more than 30 minutes in singing, thereby preventing the victim from committing the crime of the massageer and leading the victim who escaped and his behavior. Thus, in light of the motive, method, etc. of the crime, the crime was very poor in light of the victim's motive, method, etc., and the degree of injury to the victim, such as two thousands of the victim's resolution.