A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. In light of the Defendant’s speech and behavior or the circumstances before and after the instant crime, which was acknowledged by the record as to the assertion of mental and physical disorder, the Defendant did not appear to have lost or weak ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental and physical disorder is rejected.

3. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, the sentencing of the lower court does not seem to be too heavy beyond the scope of reasonable discretion, and thus, it does not accept the Defendant’s assertion of unfair sentencing on the grounds that the Defendant’s sentencing does not go beyond the scope of reasonable discretion and does not seem to be too heavy, even if the Defendant considered the circumstances where the victim did not want the Defendant’s punishment, etc. by agreement with the victim. The Defendant has been punished several times for the same kind of crime, and there are no new special circumstances or changes in circumstances that may be reflected in the sentencing after the lower judgment was sentenced.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.