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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.
2. Determination
A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the following circumstances, such as the course and process of the crime of this case, the means and method, and the defendant's speech before and after the crime of this case, the defendant did not have the ability to discern things
Therefore, this part of the defendant's assertion is without merit.
B. Although the defendant's wrong determination on the assertion of unfair sentencing is recognized, the crime of this case was committed by the defendant under investigation by the victim who is a police officer from the police box to the charge of assault, and the defendant did not agree with the victim until this court. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.