The defendant's appeal is dismissed.

1. The judgment of this court on the misunderstanding of the gist of the grounds for appeal (the key of the victim's right to wrong with the key of the defendant under the influence of alcohol was caused by the crime of this case by recognizing the key of the victim's right to wrong with the key of the defendant), mental and physical disorder,

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, since the defendant was found to have stolen three copies of the victim's check by taking the victim's right into account, the above assertion by the defendant disputing this issue is not acceptable.

B. According to the record as to the assertion of mental disorder, the fact that the defendant committed the crime of this case under the influence of alcohol is recognized. However, it is difficult to view that the victim was in a state of lacking the ability to discern things or make decisions at the time of theft. Thus, the above assertion by the defendant disputing this point cannot be accepted.

C. In full view of the fact that the Defendant had been punished for a similar type of crime twice on the assertion of unfair sentencing, and other various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive for the instant crime, means and consequence thereof, circumstances after the crime, and risk of recidivism, etc., the first instance court cannot be deemed to have considered that the Defendant’s fine imposed on the Defendant is too unreasonable. Thus, the Defendant’s allegation disputing this point cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.