A. The Defendant committed the instant crime under the influence of alcohol due to mental and physical disorder, and thus, at the time of the instant crime, was in the state of mental and physical disorder or mental disability.

B. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is recognized that the defendant was drinking at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances before and after the crime.

Although it seems that there was a weak or weak state, there is no evidence to deem that the defendant had a mental disorder due to mental disorder, etc.

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

B. The Defendant’s confession of the crime of unfair sentencing is more favorable than anything else, but it does not mean that the lower court’s punishment is too unreasonable in full view of the following: (a) the Defendant’s favorable circumstances; (b) the Defendant’s history of punishment for the same kind of crime reaches several times; and (c) there was no agreement with the victims; and (d) other circumstances that conditions for sentencing, such as the Defendant’s age, character

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