The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, it is acknowledged that the defendant committed the crime of this case while drinking, but in light of the circumstances before and after the commission of the crime of this case, the circumstances leading to the crime of this case, the defendant's behavior at the time of committing the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and therefore, the defendant's mental and physical disorder assertion is without merit.

B. Although the judgment on the assertion of unfair sentencing seems to be against the defendant's wrong recognition and living conditions are difficult, the defendant has already been sentenced to imprisonment and fines for the same kind of crime, and even if he had had the record of two times prior to the protective custody disposition, the defendant again committed the crime in this case, committed the crime in this case, and did not receive a letter from the victim due to the victim's compensation or agreement with the victim, etc., and taking into account the motive and background leading up to the crime in this case, the circumstances before and after the crime, the defendant's age, character and conduct, occupation, family relationship, etc., the defendant's punishment imposed by the court below cannot be deemed to be unfair because it is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. As such, 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.