The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, it is erroneous in the judgment of the court below which did not reduce the punishment, which affected the conclusion of the judgment by misapprehending the legal principles on mental and physical disability.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the court below as to the claim of mental disability, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but it cannot be said that there was no longer the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The circumstances favorable to the defendant are that the defendant recognized the error of judgment on the assertion of unfair sentencing and reflects it, and that the victim does not want the punishment against the defendant by mutual consent with the victim.

On the other hand, it cannot be deemed that the degree of injury of the victim is less severe, and the defendant is disadvantageous to the defendant, such as having been sentenced to punishment for the same kind of crime, three times before the same crime, and there are many other criminal records.

The above-mentioned normal relationship, the above-mentioned favorable circumstances seems to be sufficiently reflected in the summary order and the decision of the court below, the relationship between the defendant and the victim, the age, character and conduct, environment of the defendant, and the circumstances revealed in the arguments, shall not be determined that the punishment imposed by the court below is excessively unreasonable.

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

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