The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is excessively unreasonable.

Judgment

A. According to the records on the assertion of mental and physical weakness, the Defendant may be deemed to have served to a certain degree of alcohol at the time of committing each of the instant crimes. However, in light of the various circumstances indicated in the records, such as the fact that the Defendant is relatively satisfying the status of the crime, and there was no particular problem before and after the crime, it cannot be deemed that the Defendant committed the instant crime even in a state where the Defendant had the ability to discern things or make decisions due to drinking alcohol at the time of committing the crime.

This part of the defendant's assertion is not accepted.

B. Determination of the illegality of sentencing as to the crime of larceny is very poor in the nature and circumstances of the crime, such as taking the victim's face to the victim'sJ (the age of 82) in order to evade the arrest of the victim during the crime of larceny; the defendant was sentenced to imprisonment with prison labor for 6 months in violation of the Punishment of Violences, etc. Act (Intimidation such as group deadly weapons, etc.) at the original branch of the Chuncheon District Court on March 25, 2015; and the defendant again committed each of the crimes of this case during the period of probation without being aware of the fact that he was sentenced for 2 years in the period of probation and confirmed around that time; taking full account of all the sentencing conditions as shown in arguments, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of robbery; and the recovery of all damaged goods and the victim's punishment is not considered as the victim's punishment; it cannot be said that the court below has sentenced the punishment excessively unfair even if considering some favorable circumstances.

3. 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 groundless.