A. At the time of the instant assertion of mental disorder, the Defendant suffered from mental illness caused by alcohol, and thus, was in a state of mental disorder.

B. The lower court’s sentence on the ground of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In light of the Defendant’s behavior at the time of committing the crime and the circumstances after committing the crime, etc., it seems that the Defendant had a drinking condition at the time of committing the crime, but it does not seem that the Defendant did not have the ability to discern things or make decisions due to mental illness caused by alcohol.

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

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the punishment by comprehensively taking account of various circumstances as indicated in its holding.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.

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

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