The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, had a weak ability to discern things or make decisions.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the record of judgment as to the assertion of misunderstanding of legal principles, the defendant has already been engaged in the field of this case in a state of drinking, and the extent of two weeks in the above house is recognized again.

However, in light of all the circumstances such as the Defendant’s behavior mode at the time of the instant crime, the specific contents of the crime, and the circumstances before and after the instant crime, the Defendant had the weak ability to discern things or make decisions at the time of the instant crime.

subsection (b) of this section.

Therefore, the defendant's argument of mental and physical weakness cannot be accepted.

B. It is recognized that the Defendant agreed with the victim to determine the unfair argument of sentencing, and the victim expressed his/her intent not to have the Defendant punished, the degree of injury to the victim does not seem to have been serious, and the Defendant’s mistake is against the Defendant.

However, the crime of this case is not a good crime as it was committed with the breath of the victim by gathering the goods under the influence of alcohol and breath of the victim's breath by breathing the breath.

The defendant has three criminal records for the same kind of time.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.