A. At the time of the physical and mental disorder, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

B. The first instance of the unfair sentencing decision (the fine of 4 million won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, although the defendant was deemed to have drinking alcohol at the time, the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking alcohol at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

B. As to the allegation of unfair sentencing, the first instance court determined the punishment in consideration of the already favorable circumstances to the Defendant, and there is no change in the special circumstances or circumstances that may be newly considered in sentencing thereafter.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, 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