A. The Defendant, at the time of the instant crime, was under the influence of alcohol, in a state of mental and physical weakness that lacks the ability to discern things or make decisions.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the defendant was found to have had a little drinking at the time of committing the instant crime, it was found that the defendant had a weak level of ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's above assertion is without merit.

B. The Defendant recognized his criminal act and reflects on the determination of the unfair argument of sentencing, and the victim wanted to take the action against the Defendant by compensating the victim for the amount of damage.

However, the crime of this case was committed by the Defendant, which caused the victim to sleep a water surface leading system, and then stolen the 10 foot gold mold.

Not only has the history of having been punished several times due to theft, etc., but also the defendant constitutes a repeated crime under the Act on Special Cases concerning the Punishment of Specific Cateral Crimes by committing a crime again within one year from the time when the execution of imprisonment was completed with prison labor due to robbery, etc. committed by a method similar to the crime in this case, and thus, the punishment sentenced by the court below constitutes the lowest sentence applicable to the defendant.

In light of such circumstances and other circumstances as the Defendant’s age, sex, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.