(a) Mental and physical disorder;

The Defendant had a mental and physical state under the influence of alcohol at the time of committing the instant crime.

B. Unreasonable sentencing

The sentence of the court below is too heavy.

2. Determination

A. As to the assertion of mental disorder

According to the evidence duly admitted and examined by the court below, although the defendant deemed that he had drinking alcohol at the time of the crime of this case, considering various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant had no or weak ability to discern things under the influence of alcohol at the time of crime.

B. Regarding the assertion of unfair sentencing

In the first instance trial, the Defendant was compensated for damages to the victim and agreed with the victim. However, in addition to the fact that there are many criminal convictions for the Defendant and the crime of this case committed during the period of suspension of execution due to the same kind of crime, and the circumstances and the conditions of sentencing specified in the court below’s reasons for sentencing, it is not recognized that the sentencing of the court below deviates from the discretionary scope, and thus, it is unreasonable to avoid reversal.

3. Conclusion

The defendant's appeal is dismissed.

Judges Song Jae-Gyeong

Judges Park Jong-young