The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, a mentally and physically weak, was under the influence of alcohol and committed the instant crime under the influence of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, since it is not recognized that the defendant had a weak ability to discern the subject matter or make decisions at the time of committing the instant crime, the judgment of the court below that made the same conclusion is justifiable.

We cannot accept this part of the Defendant’s assertion.

B. It is desirable to refrain from imposing a sentence that differs from the first instance court on the grounds that the conditions of sentencing are not changed compared to the first instance court’s determination on the unfair argument of sentencing, and that the first instance court’s sentencing does not deviate from the reasonable scope of discretion, and that the first instance court’s judgment is reversed solely on the grounds that the sentence of sentencing falls within the reasonable scope of discretion but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principles, even if this court failed to submit new data on sentencing, there is no change in the conditions of sentencing compared to the first instance court’s determination, and even if the victim and the defendant’s children desire to take the Defendant’s wife, it is not recognized that the first instance court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

Therefore, we cannot accept this part of the defendant's assertion.

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.