The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

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

2. Determination

A. According to the record as to the claim of mental disability and injury, even though the defendant was deemed to have had a certain degree of drinking at the time of the crime in this case, in light of the motive, background, method and mode of the crime in this case, and circumstances after the crime, etc., which were revealed by the evidence such as CCTV images duly adopted and investigated by the court below, it is not deemed that the defendant had a lack of ability to distinguish things or make decisions due to drinking at the time of the crime in this case.

Meanwhile, Article 10(2) of the Criminal Act (amended by Act No. 15982, Dec. 18, 2018) provides that “The act of a person who lacks the ability to discern things or make decisions due to mental disorder may be mitigated.” Even if the Defendant committed the instant crime in a state of mental disorder after the enforcement of the amended provision, even if he/she committed the instant crime in a state of mental disorder, it is merely a ground for discretionary mitigation of punishment, and thus, the lower court cannot be deemed unlawful on the ground that the lower court did not have any legal mitigation on the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, the Defendant recognized the instant crime and expressed an attitude against his mistake.

The Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner, arguing with the victim.

However, the defendant assaults the victim outside of the restaurant by drinking alcohol together with the victim, and re-enters the victim's face to the restaurant and forcibly takes the victim's face while going beyond the victim, and let the victim do so.