경범죄처벌법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant to the punishment (400,000 won penalty) is too unreasonable.
2. There are extenuating circumstances such as that the Defendant’s judgment on the grounds of appeal is not good body due to alcohol livers, etc. and is a recipient of basic living.
However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive for the crime, circumstances after the crime, etc., the sentence imposed by the court below against the Defendant is appropriate and its determination is not unreasonable.
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.