The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The Defendant asserts that, under the influence of alcohol, the instant crime cannot be memoryed, the Defendant was in a state that does not have or lacks the ability to discern things or make decisions at the time.

However, in full view of the circumstances revealed by the evidence duly adopted and examined by the court below, such as the background leading up to each of the crimes in this case, the means and methods of the crime, the defendant's act before and after the crime, and the circumstances after the crime, it is not deemed that the defendant did not have the ability to discern things or make decisions at the time of the crime in this case.

B. The Defendant’s finding of the allegation of unfair sentencing is a favorable circumstance to the Defendant that recognized the Defendant’s criminal act and divided the wrong facts.

On the other hand, the defendant had been punished for several times of violence, and in particular, the defendant was sentenced to imprisonment for ten months on May 14, 2009 due to the same kind of driver assault and completed the execution on January 18, 2010, but he committed the crime of this case again during the period of repeated crime.

Due to the Defendant’s assault, the victim suffered from an injury that requires medical treatment for three weeks, and the result of the crime was not somewhat weak, and the damage was not recovered entirely.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive for the crime, and circumstances after the crime, etc., the sentence that the court below sentenced to the lower limit of the recommended sentence according to the sentencing guidelines is too excessive.