A. The Defendant had a mental disorder caused drinking at the time of committing the instant crime.

Nevertheless, the court below committed an unlawful act that misleads this.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. In light of the various circumstances indicated in the record, including the circumstances leading up to each of the instant crimes and the Defendant’s act before and after the instant crime, even though the Defendant was aware of drinking alcohol at the time of the instant crime, it is not recognized that the Defendant had committed the instant crime even in a state where the ability to discern things or make decisions was lost or weak. Accordingly, this part of the Defendant’s assertion is without merit.

B. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., and the conditions for sentencing as indicated in the present argument and the record, even if the Defendant asserted as grounds for appeal, i.e., the Defendant’s mistake is divided, i., the fact that he/she is in an economic difficult situation, even though he/she had a history of punishment several times as a crime related to violence, and committed the crime in this case without any damage recovery to the victim, and there is no special circumstance or change in circumstances that may be newly considered after the sentence of the lower judgment was rendered, it is not recognized that it is unfair to the extent that the Defendant’s punishment imposed by the lower court should be reversed.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered as per Disposition.