A. At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 1,500,00) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the Defendant was aware of a little of the following facts at the time of committing the instant crime, in light of the Defendant’s reputation, the background leading up to the commission of the crime, the means and method of the crime, the Defendant’s attitude and speech before and after the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime.

It does not appear.

Therefore, the above argument by the defendant is without merit.

B. In addition, the Defendant committed the instant crime in spite of the past two times of punishment and punishment for suspension of execution for the same violent crime, and the first instance court already considered the Defendant’s various circumstances and imposed a fine (2,00,000 won) under the summary order in consideration of the fact that there is no change in the sentencing conditions that may be particularly considered in the appellate trial, as well as other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the sentence imposed by the first instance court is too unreasonable as it is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair 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.