The defendant's appeal is dismissed.

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. At the time of physical and mental disorder, the Defendant committed the instant crime under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. Sentencing 1 Sentencing 200,000,000 won, which is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of the instant case, in full view of the background, process of the instant crime, the Defendant’s act before and after the instant crime, etc., it does not seem that the Defendant lost the ability or decision-making ability to discern things, or that it did not fall under a weak state.

This part of the defendant's assertion is without merit.

B. In the instant case where there is no change in the sentencing conditions that would be specifically considered for the first time in the appellate trial regarding the unfair argument of sentencing, in full view of various circumstances, including the Defendant’s age, sex, conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance judgment is difficult to be deemed to have exceeded the scope of discretion, and thus, it is unreasonable to deem that the first instance judgment is too unfair.

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

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.