A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions, considering the circumstances leading to the crime, the process of execution, and the defendant's behavior before and after the crime of this case.

does not appear.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

B. Recognizing the crime of determining the illegality of sentencing, the favorable circumstances are that it is against the principle of good faith.

However, in full view of the following circumstances: (a) there is no agreement with the victim; (b) there is a history of criminal punishment several times for the same kind of crime; (c) there is no special change of circumstances after the decision of the court below was made; and (d) other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., it is difficult to deem

Therefore, we do not accept the above argument of the defendant's above sentencing.

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.