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

B. The lower court’s sentence of an unreasonable sentencing (three million won by fine) against the Defendant is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case, but in light of various circumstances such as the circumstances leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's act before and after the crime of this case, the defendant did not have the ability or ability to make a decision on the ability to discern things

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s sentence against the Defendant is too unreasonable, and therefore, the Defendant’s assertion 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.