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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder due to drinking at the time of the instant crime.
B. The sentence of unfair sentencing (four months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. In full view of the circumstances leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation, etc., acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it cannot be seen that the Defendant was aware that he was in a large drinking condition at the time of the instant crime, but it does not seem that he had weak or lost the ability to discern things or make decisions. Thus, the Defendant’s above assertion is rejected
B. We examine the argument of unfair sentencing, even though the defendant had no record of criminal punishment, the crime of this case is unilaterally committed against the victim without any particular reason. In light of the content of the crime of this case, the crime of this case is very poor in terms of its nature and crime, the degree of injury suffered by the victim is very heavy, and economic loss to treat the crime of this case is also serious. Nevertheless, the defendant deposit KRW 500,000 for the victim, did not make any effort to recover from damage, and the victim wanted to punish the defendant strictly, and there is no change of circumstances even after the decision of the court below was made, and other various sentencing conditions as shown in the arguments such as the above defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime of this case are considered to be appropriate. Thus, the above argument of the court below is without merit.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.