A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the defendant seems to have a drinking condition at the time of the crime of this case.

However, in light of the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions at the time of the crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances that may be considered in the sentencing of the Defendant after the judgment of the lower court regarding the wrongful assertion of sentencing (a written agreement under the name of D, J, and N appears to have been considered in the lower court). Examining the sentencing conditions and the reasons for sentencing of the lower court as indicated in the record and the changed theory of the instant case, considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair

We do not accept the defendant's unfair argument of sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.