The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.

The sentence of imprisonment with labor (three years and six months) of the lower court’s sentence of unfair sentencing is excessively unreasonable.

Judgment

According to the records of the judgment on the claim of mental disability, even though the defendant has been drinking to a certain extent at the time of the crime in this case, in light of the circumstances indicated in the records, such as the background of the crime and the actions of the defendant before and after the crime, it is not deemed that he/she has the ability to discern things, lost the ability to make a decision, or reached the state where he/she has lost such ability.

This part of the defendant's assertion is not accepted.

In full view of the criminal defendant's judgment on the assertion of unfair sentencing, who was assaulted by the victim first, committed the crime of this case in a contingent manner, and did not die of the victim, but did not take any measures to recover damage, such as the nature of the crime and the fact that the victim's chests were in an emergency operation due to damage to the organization of the heart, etc., and that there were multiple violent crimes, there were multiple criminal records, and all the sentencing conditions as shown in arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment of 3 years and six months imposed by the court below within the scope of the sentencing guidelines cannot be deemed to be unfair because the punishment of 3 years and six months imposed by the court below is too excessive.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.