A. At the time of committing the instant crime with mental and physical disorder, he was in a state of mental and physical loss or mental weakness.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the evidence as to the assertion of mental and physical disorder, even though the defendant was found to have completed the alcohol at the time of the crime of this case, it was found that the defendant had no or weak ability to discern things or make decisions.

shall not be determined.

B. In light of the fact that the circumstances in the lower court’s effort to recover damage were already considered as the factors of sentencing favorable to the Defendant, and that there was no change in the conditions of sentencing compared to the lower court’s decision because new materials of sentencing have not been submitted in the first instance court, and that there was a number of records of punishment due to violence, insult, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, 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.