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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing each of the instant crimes.
B. The sentence of the lower court’s improper sentencing (one year of imprisonment, confiscation) is too unreasonable.
2. Judgment on the grounds for appeal
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking condition at the time of each of the crimes of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., the court below had no or weak ability to discern things or make decisions.
Therefore, we cannot accept the defendant's above assertion.
B. As to the unfair argument of sentencing, even though there are circumstances that may be considered in light of the circumstances such as the defendant's time to commit each of the crimes in this case and the fact that the defendant agreed with the victim of the crime interfering with business affairs, it appears that the court below has determined the punishment by reflecting all of them. The defendant committed each of the crimes in this case even though he had been punished several times of violence, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, circumstance after the crime, etc., are taken into account, even if the defendant deposited KRW 20,000 for the victim of special intimidation in the trial, the sentencing of the court below is determined within the reasonable and appropriate scope, and it is not determined that the defendant's above assertion is unfair because it is excessively unreasonable.
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.