A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of a severe disability, it does not appear that the Defendant did not have or lacks the ability to discern things due to drinking at the time of the instant crime.

Defendant’s assertion is not accepted.

B. The Defendant recognized the instant crime, and the Defendant did not have any criminal record exceeding the same kind and fine.

However, it is disadvantageous that the access media leased by the defendant was used for the phishing crime, and the damage was caused.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.