The appeal was lodged.

The judgment below

Since then there is no significant change in circumstances to consider the sentencing of defendants.

Considering the Defendant’s petition of appeal, statement of reason for appeal, and other factors of sentencing revealed in the record of trial, the lower court’s punishment is heavy even considering the circumstances alleged by the Defendant.

subsection (b) of this section.

On the other hand, the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime

The argument is asserted.

Although the Defendant was aware that he had drinking at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime.

shall not be deemed to exist.

Therefore, the defendant's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act.