The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol in the PC game at the time of committing the instant crime.

B. The lower court’s imprisonment (three years of imprisonment, confiscation) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, in light of various circumstances, such as the defendant's reputation, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to the game legacy or drinking at the time of the crime in this case.

Since it does not seem that the defendant was in a state or weak condition, the above argument of mental disability of the defendant is without merit.

B. The Defendant’s determination on the assertion of unfair sentencing is to recognize the instant crime and to reflect wrongness, and the fact that the instant crime ought to be sentenced in consideration of equity in the case where the judgment was rendered simultaneously with the crime of causing property damage, etc. on which the judgment became final and conclusive, is favorable to

On the other hand, the crime of this case was committed without any particular reason by the defendant, and not only by the defendant, but also by the moniter, which is a woman who has weak resistance ability, and caused bodily injury such as a flaging of a flag, which is an object dangerous to the victim's flag, and the risk and quality of the crime are extremely poor. In the case of the so-called flag crime, which leads to an unspecified person without any reason like in this case, it is necessary to prevent recidivism by strictly punishing the criminal suspect like the defendant and separating him from society for a certain period in order to protect citizens from such crime and maintain social safety, and the defendant has the same criminal record, and the defendant agreed with the victim or endeavored to recover from damage until the trial is held.