The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant alleged mental and physical loss was unable to discern things or make decisions by taking advantage of his mental and physical nature at the time of the instant case, the lower court’s judgment convicting the Defendant of the instant facts charged was erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

B. The sentence (2.5 million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical loss, it cannot be deemed that the Defendant was under the influence of alcohol at the time of committing the instant crime and did not have the ability to discern things or make decisions beyond the physical and mental weak condition as recognized by the lower court.

Therefore, the defendant's assertion of mental loss is without merit.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances asserted by the Defendant on the grounds of appeal.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 55(1)3 of the judgment below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, “Article 55(1)6” of Article 55(1) of the Regulation on Criminal Procedure No. 8 of the judgment below as “Article 55(1)6.”