A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking alcohol.

B. The punishment of the lower judgment that was unfair in sentencing (one year and six months of imprisonment, and fine of 600,000 won) 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 committed each of the crimes in this case under drinking, considering the circumstances of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant lost the ability to discern things or make decisions, or that the defendant did not have reached a weak state.

The defendant's mental disorder is without merit.

B. We examine the determination of the unfair argument of sentencing, the fact that the defendant is against the victim is a favorable reason for sentencing, and the fact that the defendant has been punished several times including imprisonment with prison labor for violent crimes, and the defendant has committed each of the crimes of this case during the period of repeated crime after having been sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.). The fact that each of the crimes of this case was committed during the period of repeated crime

In full view of the above factors, the lower court’s punishment is too unlimited and unfair in light of the Defendant’s age, sexual behavior, career, family relation, economic situation, background and motive leading to the crime, circumstances after the crime, and other matters on the sentencing as indicated in the records and arguments on changes.

Defendant’s 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.