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 sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. According to the record on the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of the instant crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make a decision, and thus, the Defendant did not have the ability to discern things

The defendant's mental disorder is not accepted.

B. Although the victim did not want to punish the defendant, there is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below.

In light of all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if it is considered that the Defendant’s ground of appeal was unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.