The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

B. The following points are the circumstances favorable to the Defendant for determining the unfair argument of sentencing.

Defendant reflects on crimes.

The damage amount of larceny and the degree of assault are relatively minor.

On the other hand, the following is disadvantageous.

Although the defendant has been punished for the same crime, he committed a similar crime without any reflection.

The risk of recidivism is high in light of the criminal records and criminal behavior behavior and the attitude of lack of compliance awareness.

Since there is a need to punish the defendant strictly.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.