A. At the time of committing the instant crime, the Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court against the Defendant (the amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is found that the defendant was under the influence of alcohol at the time of the instant crime, but in light of various circumstances such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the defendant's act before and after the instant crime, it is not deemed that the defendant lacks the ability to discern things at the time of the instant crime, and thus, the defendant's mental and physical weakness

B. The fact that there are some circumstances that may be considered in the course of the crime of determining the unfair argument of sentencing is favorable to the defendant, but there is no special circumstance or circumstance that is newly considered in the sentencing after the decision of the court below, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, result of the crime, circumstance before and after the crime, etc., the sentence of the court below against the defendant is without merit, and thus, the defendant's unfair argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.