A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentencing of the first instance court on the unfair sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the content of the instant crime and the behavior of the Defendant before and after the instant crime, the Defendant’s attitude to make statements after voluntary commission, etc., it seems that the Defendant was under the influence of alcohol and did not have the ability to discern things or make decisions, and thus, the Defendant’s mental and physical disorder assertion is without merit

B. In full view of the circumstances leading up to the Defendant’s assertion of unfair sentencing, and the details, method, and form of the commission of the offense, the degree of damage, and other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and criminal record, the sentencing of the first instance court on the Defendant is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.