The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental disorder or mental retardation.

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

2. Determination

A. In light of the record as to the assertion of mental disorder, the fact that the defendant was somewhat in a state of drinking alcohol at the time of committing the crime is recognized.

However, in light of various circumstances acknowledged by the evidence investigated by the court below, such as the background leading up to the crime, the means and method of the crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

It is judged that there was no or weak state.

This part of the grounds for appeal cannot be accepted.

B. As to the assertion of unfair sentencing, the Defendant seems to have acknowledged the instant crime and against his mistake.

In addition, the fact that the victim does not want the punishment of the defendant, the fact that the victim supports the two children who are living alone by distinguishing from the wife and the defendant is considered in favor of the defendant.

However, the crime of this case is deemed to have committed the same kind of crime again after the defendant was sentenced to suspended sentence due to violence against the same victim, or sentenced to imprisonment due to other violent crimes, and the execution of the sentence was completed.

In addition, the defendant has been convicted of three times of imprisonment, two times of suspended execution, and several times of fine.

In full view of other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the punishment determined by the court below is too unreasonable.

This part of the grounds for appeal cannot be accepted.

3...