A. The Defendant, at the time of committing the instant crime, was in the state of mental and physical weakness or loss of mind and body.

B. The punishment sentenced by the lower court against the Defendant (one million won in penalty) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though it is deemed that the Defendant had a drinking condition at the time of committing the instant crime, in full view of the background of the instant crime, method of the crime, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant had no or weak ability to discern things or make decisions. Therefore, the Defendant’s mental and physical disorder assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the trial. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, 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. It is so decided as per Disposition.