The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, as well as the drugs and alcohol that were prescribed by the psychiatrist at the time of the instant crime, was in a state of mental suffering.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the evidence submitted by the defendant, the defendant was in a state of drinking at the time of the above crime. It is recognized that the defendant was in a state of need for mental treatment, but in light of the circumstances leading to the above crime, the means and method of the crime, and the defendant's behavior before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions by taking drugs and alcohol together at the time of the above crime. Thus, the above argument by the defendant is without merit.

B. Although the Defendant is led to the confession of unreasonable sentencing, the lower court’s punishment is unreasonable, taking into account the following circumstances: (a) the Defendant was punished by imprisonment or a fine several times for a crime related to violence; and (b) the Defendant was sentenced to one year of imprisonment due to the criminal facts after the instant crime; and (c) the Defendant’s age, character and conduct; (d) motive, means and consequence of the instant crime; and (e) other circumstances that are conditions for sentencing, including the circumstances after the instant crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.