A. The Defendant, a mentally and physically weak, was under the influence of alcohol and committed the instant crime under the influence of mental and physical weakness.

B. Sentencing

2. Determination

A. According to the record as to the assertion of mental and physical weakness, even though the defendant was under the influence of alcohol at the time of committing the instant crime, considering the details and methods of the crime, the contents of the crime, and the conduct before and after the instant crime, it is not deemed that the defendant thereby led to the crime under the influence of distinguishing things or lacking the ability to make decisions.

The Defendant’s assertion that he was in a state of mental and physical weakness at the time of committing the instant crime is rejected.

B. Even when considering the circumstances in which the Defendant was informed on the grounds of appeal regarding the unfair argument of sentencing, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair is also rejected.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.