A. At the time of the instant crime, the Defendant was in a state of mental disability due to drinking and mental disorder.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case, but this does not seem to have reached a state of mental disability.

In addition, it does not seem that the Defendant had a mental disorder at the time of committing the instant crime.

B. As to the assertion on unreasonable sentencing, there are grounds to consider the Defendant’s sentencing favorable to the Defendant’s sentencing, such as the fact that the Defendant recognizes the instant crime as a substitute and reflects the instant crime, that there was no record of punishment for the same kind of crime, and that the instant crime was committed in an attempted attempt and did not have substantial damage.

However, in light of the fact that the crime of this case committed by the Defendant was committed in a state where the victim D was locked, and the Defendant was fluored to the influor, and the Defendant committed an attempted crime and was merely committed property damage, and that it may cause enormous human life damage and social loss. In particular, it is difficult to deem the sentencing of the lower court to be unfair because it is too unreasonable, considering the fact that there was an installation of a place where the species, plastics, etc. are stored in thens of this case, which are used by many people as residence, so that the victim could easily spread out, and if the victim was found to have immediately discovered and did not report it to 119, it would be difficult to view that the Defendant’s sentencing might be too unreasonable.

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