A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to the injury, etc.

B. The punishment sentenced by the lower court against the Defendant (2 million won in penalty) is too unreasonable.

2. Determination

A. In light of various circumstances such as the circumstance leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s act before and after the instant crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s mental and physical weakness allegation is without merit.

B. In full view of the following facts: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment regarding the unfair argument of sentencing; and (b) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, result of the crime, and the circumstances before and after the crime, the lower court’s sentence against the Defendant was inappropriate, and thus, the Defendant’s argument of the unfair sentencing is without merit

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.