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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the instant case, the lower court erred by failing to consolidate the case and thereby adversely affecting the conclusion of the judgment, even though the instant case occurred in the course of another case against the Defendant.
B. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.
C. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,00,000) is too unreasonable.
2. Determination
A. In light of the legal principles, even if this case occurred in the course of a series of cases against the defendant, as alleged by the defendant, the court decides the combination of pleadings at the time it deems necessary (see Article 300 of the Criminal Procedure Act). Thus, the court below's failure to recognize the necessity of consolidation cannot be considered as the grounds for appeal. Thus, this part of the defendant's assertion is without merit.
B. In light of various circumstances indicated in the record, such as the process and process of the instant crime, the Defendant’s act before and after the instant crime, etc., even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions, or did not have such ability. Therefore, this part of the Defendant’s assertion is without merit.
C. In full view of the following circumstances: (a) the Defendant made a confession of the instant crime and made an agreement with the victim; (b) although the instant crime was committed by the Defendant, the Defendant’s appearance of the victim’s house, which had a heavy inside of the Defendant, was broken out from the outside; (c) the nature of the instant crime was not negligible in light of the risk; and (d) the Defendant has several records of punishment for the same kind of crime; and (e) the Defendant has a variety of circumstances, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., as well as the circumstances after the crime.