The defendant's appeal is dismissed.

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. At the time of physical and mental disorder, the Defendant committed the instant crime under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. The first deliberation penalty (one year of imprisonment) for the sentencing is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of the instant case, in full view of the background, process of the instant crime, the Defendant’s act before and after the instant crime, etc., it does not seem that the Defendant lost the ability or decision-making ability to discern things, or that it did not fall under a weak state.

This part of the defendant's assertion is without merit.

B. The victim expressed his intention not to punish the Defendant when he was found to have been aware of the unfair argument of sentencing. However, the method of the crime of this case is very harsh and the degree of injury is serious.

In addition, the crime of injury caused by confinement against the victim was sentenced to the two-year suspended sentence in 8 months of imprisonment, and the same crime was repeated against the victim without pening even though it was under the suspended sentence.

In full view of these circumstances, it is difficult to view that the first deliberation sentence is unfair because it goes beyond the scope of discretion and is too unreasonable, considering the various circumstances, such as the Defendant’s age, sex, environment, health status, family relationship, motive, means, and consequence of the crime, and the circumstances after the crime.

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

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