A. Error of mistake

The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. Unreasonable sentencing

The punishment of the court below is too heavy.

2. Determination

A. As to the assertion of mistake of fact

According to the evidence duly admitted and examined by the court below, the defendant's drinking at the time of each of the crimes of this case is acknowledged. However, in full view of various circumstances such as the background and method leading up to the crime of this case, the attitude and behavior before and after the crime of this case, and the motive and means of the crime of this case, it does not seem that the defendant was in the state of mental disability or mental disability at

Therefore, the defendant's above assertion is without merit.

B. Regarding the assertion of unfair sentencing

In full view of the following circumstances: (i) the Defendant’s age, character and conduct, intelligence environment; (ii) the motive and means of the crime; and (iii) the circumstances after the crime, etc. are considered to have exceeded the reasonable bounds of discretion; and (iv) the lower court’s sentencing judgment is deemed to have exceeded the reasonable bounds of discretion or to have maintained it as it is unreasonable (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

Therefore, since the sentencing of the court below is appropriate, the defendant's above assertion is also without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Yoon So-hee

Judges Park Byung-ju