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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. According to the record of the judgment on the assertion of mental and physical disorder, even though the Defendant was aware that he had her drinking alcohol to a certain degree at the time of the crime of this case, in light of the Defendant’s reputation, the process and process of the crime, the means and method, the Defendant’s act before and after the crime of this case, etc., the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol
subsection (b) of this section.
Therefore, the defendant's above assertion is without merit.
B. It is recognized that the defendant's decision on the unfair argument of sentencing is divided into his mistake, and that the punishment should be imposed in consideration of equity and the case where the decision is rendered simultaneously with the obstruction of the execution of official duties in the judgment that became final and conclusive.
However, considering all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable, and it is not recognized that the Defendant’s punishment is too unreasonable, in light of the following: (a) the Defendant has been sentenced to a fine for a total time due to the same kind of crime, violent crime, etc.; (b) the Defendant was unable to agree with the victim; and (c) there was no change in circumstances that may otherwise determine the Defendant’s age and punishment
Therefore, the defendant's above assertion 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.