The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act constitutes self-defense.

B. A person with mental disability has committed the instant crime under the influence of alcohol in addition to mental illness (a state of evidence), and thus, the Defendant committed the instant crime under the influence of alcohol, and thus constitutes grounds for mitigation of mental disorder.

C. The sentence of the judgment of the court below on unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of self-defense, the defendant found the victim who was traveling along a new wall due to alcohol and was able to find out the victim, set up the victim's face, and then the defendant first taken the victim's face at the time of drinking, and the victim was able to recognize the facts leading the victim's death by going beyond the floor of the victim who was able to be able to stand on the way of the victim's defense.

According to the above facts, the defendant's act is deemed to have the character of "act of attack" and cannot be deemed to be an act of self-defense or excessive defense.

B. According to the judgment of the court below and the evidence duly admitted and investigated by the court below as to the claim of mental disability, the defendant was found to have received a mental diagnosis and treatment in the past, and the fact of drinking at the time of the crime of this case is recognized.

However, in light of the facts stated in the grounds of appeal that the defendant himself is well memorying at the time of the crime of this case, and the circumstances stated in the trial court to that effect, the argument that the defendant was in a state of mental disorder cannot be accepted.

C. Although the Defendant used assaulting the victim and causing death without any particular reason, the Defendant denied the crime to the court of the first instance, and did not take any measures for the victim’s recovery from damage.

. These circumstances;