A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined in the lower court’s determination as to the claim of mental retardation, it is not deemed that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime, even if considering such circumstances, in light of the background of the crime in this case, the means and method of the crime, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc.

The defendant's argument of mental disability is without merit.

B. The favorable circumstances are that the defendant made a confession of the allegation of unfair sentencing, and that the defendant reflects the wrongness, and that the victim is not subject to punishment.

However, in light of the content and circumstances of the instant crime, the Defendant’s nature and behavior, the Defendant’s criminal records related to violence, and all of the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.