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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was under the influence of alcohol at the time of committing the instant crime, but the Defendant was deemed to have lost or weak ability to discern things or make decisions, based on the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime.
Therefore, the defendant's above assertion is without merit.
B. There is no particular change in the sentencing conditions compared with the judgment of the court below on the unfair argument of sentencing, and considering the circumstances favorable to the defendant as stated by the court below, the circumstances unfavorable to the defendant, and other various sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.
3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.