The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant committed a crime with a mental disorder due to depression, etc.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 400,000 won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is acknowledged that the defendant was diagnosed as a friendly hye, hye, or a mental and behavioral disorder by a harmful use of alcohol in the middle of August 4, 2009, but it does not seem that the defendant had the ability to discern things or make decisions at the time of the crime of this case, and therefore, the above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, this case had already been punished by a fine (50,000 won) requested by a summary order in consideration of the above circumstances, and the defendant had been punished three times, including the defendant's age, character and conduct, criminal records, motive and circumstance of the crime of this case, circumstances after the crime, etc., taking into account all the sentencing conditions in the records and arguments of this case, given that the defendant had been punished more than 51 years of age on the ground that the defendant had drinking alcohol at the main point of the victim's management, and had been tried for an excessive drinking value, the defendant's head debt of the victim who is a female under 51 years of age, is a basic recipient of a basic livelihood, and was an old old mother. However, the court below did not seem to have any undue punishment imposed by the court below, considering the above circumstances.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.