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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. The defendant's blood alcohol concentration in the judgment is not very high.
However, the defendant not only has been punished four times for the same crime but also has been under the suspension of the execution of imprisonment due to drinking in 2015, a relatively recently recently, but also has been under the influence of drinking.
In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.
Therefore, the defendant's assertion is not accepted.
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.