A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to the principal and mental illness.

B. The punishment of the lower judgment (2 million won) is too unreasonable in light of the fact that the criminal defendant recognized the crime and the circumstances leading up to the crime.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the argument of mental and physical weakness, the fact that the defendant was under the influence of alcohol at the time of committing the instant crime is recognized.

However, in light of the circumstances leading up to the instant crime, the behavior of the Defendant immediately after the instant crime, and the Defendant’s attitude to make a statement to an investigative agency, etc., the Defendant was in a state of lacking the ability to discern things or make decisions

It does not appear.

Therefore, the defendant's argument about mental and physical weakness is rejected.

B. In the criminal litigation law, which takes the principle of trial-oriented and directness as to the unfair argument of sentencing, there exists an area unique to the first instance judgment as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Even if the materials submitted at the trial court were submitted in comparison with the lower court, there is no meaningful change in the terms of sentencing compared to the lower court, and the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion, comprehensively taking account of all the reasons indicated in the records of this case.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.