The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was in a state of drinking alcohol at the time of the above crime, in light of the following circumstances: (a) the Defendant was in a state of weak ability to discern things or make decisions due to drinking, in view of the process, means and methods of the crime, and the Defendant’s speech and behavior before and after the crime

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant’s confession of the instant crime and reflects his mistake, and that the economic situation is difficult for the primary livelihood recipient.

However, in light of the fact that there are many criminal records of violent inclinations against the defendant and did not recover from damage, and that there is no change in circumstances that are to be reflected in the sentencing in the sentencing in the trial of the defendant, considering the fact that the court below already sentenced to the reduced punishment by taking into account the circumstances of the defendant, there is no change in circumstances that are to be reflected in the sentencing in the trial of the defendant, and other all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, the court below's punishment is too unreasonable, and therefore,

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.