A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, although the defendant appears to have drinking at the time of the crime of this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant was in the state that the defendant had no or weak ability to discern things or make decisions.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.