The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the court below did not recognize that the defendant was physically and mentally weak at the time of committing the crime of this case, the court below erred by exceeding this point and affecting the conclusion of the judgment.

B. In light of the fact that domestic violence of the victim, which has been pending in sentencing for a more than one hundred thousand years, was the cause of the occurrence of this case, the psychological, personal, and emotional problems have been formed in the inside of the defendant due to domestic violence of the victim, the defendant has caused contingent crimes under the influence of alcohol, the defendant has no criminal record of having been punished more severe than the same crime or fine, and the defendant's family relationship, etc., the punishment (five years of imprisonment) sentenced by the court below is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the record as to the assertion of mental and physical weakness, although the defendant appears to have been drinking at the time of the crime in this case, the court below legitimately adopted and examined evidence, the method and method of the crime, the circumstances before and after the crime, the contents of the defendant's statement in the investigation process regarding the crime [the defendant consistently stated that most of the contents of the crime are not memoryd well, but is not memoryd. However, the defendant has made a statement in a very detailed and detailed manner as to the situation between the police and the prosecutor's office after drinking alcohol at the time and finding the victim, the circumstances leading up to the victim's first exercise of force against the victim. In particular, in the form of violence that the defendant used, the defendant stated that "the breast part of the victim's chest at the time of the crime in this case's hand is memoryd by the victim's chest at the time of the crime in this case's age" (see Articles 123 through 123, 125 through 34, 28 through 36, 168).