The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical weakness, the Defendant appears to have served alcohol at the time of committing the instant crime.

However, in light of the background leading up to the crime, the means and method of the crime, the circumstances before and after the crime, etc., the defendant was in a state which lacks the ability to discern things or make decisions.

shall not be deemed to exist.

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

B. In the past, the defendant was punished several times as a crime of the same kind, such as a violation of special official duties, and the execution of the final sentence is completed, and the crime of this case constitutes a repeated crime. The crime of this case was committed by the police station while the defendant was working for a police officer who has punished him in the past, and the nature of the crime is bad, and the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime are considered, it does not seem that the sentence imposed by the court below is unreasonable. Thus, this part of the defendant's assertion is rejected.

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 without merit.