The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was drunk at the time, and was in a state of mental disability.

B. The lower court’s imprisonment (four years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the record as to the claim of mental retardation, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but he did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, the circumstances after the crime of this case, and the fact that the defendant stated in the police relatively detailed memory (the investigation record 88-95 pages).

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. There are favorable circumstances, such as the fact that the Defendant’s assertion of unfair sentencing is against the Defendant, the fact that the Defendant committed the instant crime in contingency while drinking together with the victim, which appears to have been in a dispute with the victim, and the fact that the instant crime was committed by phone call 112 after several hours, and reported the details of the instant crime and his personal information, etc., and the fact that the owner of the instant crime reported the instant crime to the owner of the place of the instant crime and reported to the 119th, and that there was no record of serving a punishment or sentence sentenced to a violent crime.

However, since the defendant used violence against the victim in resistant relations and thereby caused a significant result that the victim would lose her ear life, the punishment corresponding to the relevant criminal liability is necessary, the victim knew of the fact that he/she did not immediately take any relief measures while he/she knew of the fact that he/she did not have a very good condition, i.e., he/she left the victim alone, and the defendant taken measures to recover damage.