The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant committed a crime under the influence of physical and mental weakness with four weeks a week.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, even though the defendant is deemed to have served alcohol at the time of committing the crime, it was found that the defendant had weak ability to discern things or make decisions.

It is difficult to view the defendant's assertion.

B. As to the unfair argument on sentencing, the Defendant’s mistake is against the Defendant, and the health is not good due to the vertebral friness, etc.

The injured party submitted a written agreement on the condition that he would be hedging at the court below, but in the trial, the party submitted a written application that the injured party would be able to assist the defendant, while making it necessary to do so.

However, the Defendant has been punished several times due to violence, and the record of assault against the victim has also been four times (the second time is sent home protection case, the first time is not charged with punishment, and the first time is not charged with the force of eight weeks prior to all). The Defendant, who has been divorced from the victim due to violence and has been in de facto marital relationship with the victim and has maintained de facto marital relationship with the victim, without any particular reason, exercised alcohol without any specific reason, and is very serious part of the degree of violence.

In addition to these circumstances, when considering the various factors of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (the victim's appeal is not specified in the judgment of the court below but is deemed to be a simple clerical error. Thus, the "victim" in the second criminal facts of the court below's decision in accordance with Article 25 (1) of the Rules on Criminal Procedure shall be corrected to "victim D."