The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, in light of the following: the defendant was found to have a certain degree of drinking alcohol, but the process and method of the crime indicated in the record, the circumstances before and after the crime, and the fact that the defendant made a relatively clear statement in the investigative agency at the time of the crime, it is not deemed that the defendant had the weak ability to distinguish things or make decisions under the influence of alcohol at the time of the crime in this

The defendant's argument of mental disability is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

According to the judgment of the court below, the Defendant rendered a decision to commence a new trial as of September 5, 2016 with respect to the Seoul Central District Court Decision 2010Gohap875 Decided August 27, 2010, which is the basis of aggravated repeated crimes, based on the above previous conviction, as it became final and conclusive on September 27, 2016.