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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of stopping the instant crime, the Defendant was suffering from mental illness such as alcohol use dependence, etc., at the time of committing the instant crime, and was in a state of mental suffering by drinking.
B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 800,000) imposed on the Defendant is too unreasonable.
2. Determination
A. According to the records of mental and physical disability, it cannot be deemed that the defendant was in a state of mental and physical disability due to symptoms of mental illness, such as alcohol use dependent on the fluence group, detailed unknown fluoral disease, and the fact that the defendant committed the crime in this case under the influence of alcohol, even though he was found to have committed the crime in this case. In light of the circumstances before and after the commission of the crime in this case, the circumstance leading to the crime in this case, the defendant's behavior at the time when he committed the crime in this case, etc., it cannot be deemed that the defendant was in a state of mental and physical disability due to the symptoms of mental illness such as alcohol use and drinking by the f
B. Although the defendant's mistake of unfair sentencing is recognized, it is against depth, and the situation of life is difficult, and the victim appears to have committed the crime of this case in contingency under the influence of alcohol, and the victim expressed his intention that he does not want the punishment of the defendant. However, considering the above circumstances of the defendant, the court below seems to have already sentenced a fine of KRW 80,000,000, which has already been reduced by a fine under the summary order in consideration of the defendant's above circumstances, and the defendant has a history of serving imprisonment, a prison term, a suspended sentence of imprisonment and a fine for the same kind of crime, as well as a history of serving a prison term, the fact that the defendant has been punished by imprisonment, a criminal history of a suspended sentence of imprisonment and a fine, and other records such as the motive and circumstances leading to the crime of this case, the defendant's age before and after the crime, character and behavior, environment