A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to the decline in alcohol while suffering from alcohol addiction through Altsts.

B. In light of the fact that there are circumstances that may be taken into account the background leading to the crime of this case committed, and that there is a reflection against the Defendant, the lower court’s punishment against the Defendant (2 million won) is too unreasonable.

2. Determination

A. According to the instant argument and records as to the assertion of mental and physical weakness, although the Defendant appears to have a drinking condition at the time of committing the instant crime, in light of the background leading up to the commission of the crime, the means and method of the crime, and the circumstances before and after the commission of the crime, the Defendant had no or weak ability to discern things at the time or make decisions.

Therefore, the defendant's above assertion cannot be accepted.

B. In full view of the following factors: (a) examining the determination of the unfair argument of sentencing; and (b) taking into account the arguments and records of the instant case, the lower court’s sentencing does not seem to be unfair because it is too unreasonable even if considering the various sentencing grounds asserted by the Defendant; and (c) there are no special circumstances to change the above punishment.

Ultimately, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.