An application for compensation by an applicant for compensation shall be dismissed.

A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 2.5 million) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, the defendant is deemed to have a drinking condition at the time of the crime of this case, but considering the circumstances leading up to the crime of this case, the means and method of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to drinking.

It does not appear.

Therefore, the lower court’s measure that did not reduce the physical and mental weakness is justifiable (the Defendant asserted the same purport at the lower court, and the lower court omitted its judgment, but did not affect the conclusion of the judgment). The Defendant’s above assertion by the lower court is without merit.

B. In full view of the following factors: (a) the course of the instant crime against the illegality of sentencing; (b) the degree of injury resulting therefrom; (c) the injured party’s failure to compensate for the injury; and (d) the Defendant’s age, sexual conduct, environment, motive, means, consequence, etc. of the instant crime; and (c) and all the conditions of sentencing as indicated in the records and theories of changes, such as the circumstances after the commission of the crime, etc., the lower court’s sentencing is too excessive to the reasonable scope

The defendant's above assertion also is without merit.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the instant application for remedy order is not clear in the scope of the Defendant’s liability for compensation. Thus, the Defendant’s appeal is dismissed in accordance with Articles 32(1)1, 25(3)3 and 25(3)4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.