A. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,000,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of alcohol at the time of the crime of this case, but the defendant lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant had a history of having been punished several times as a single crime; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable; and (d) the Defendant’s allegation of unfair sentencing is not reasonable.

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.