The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A mentally ill-minded defendant was in a state of mental disability at the time of committing the instant crime, because he/she has proved that he/she had ordinary alcohol.

The punishment (fine 1.5 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence of judgment as to the claim of mental disability, the defendant is recognized as having a drinking alcohol at the time of the crime of this case.

However, in full view of the circumstances leading to the instant crime, the means and methods of the crime, and the Defendant’s actions before and after the crime, which can be recognized by the evidence duly adopted and investigated by the lower court, the lower court did not have the ability to discern things or make decisions at the time of the crime.

did not appear to have existed in or weak condition.

The circumstances favorable to the defendant can be considered in light of the following: the defendant's recognition of the crime and the mistake are divided; criminal punishment exceeding the fine is not imposed; and there is no economic difficulty.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime and the circumstances after the crime, the punishment imposed by the court below is too unreasonable because it is too unreasonable, in light of the fact that the Defendant committed an injury and assault to the victims without any special reason, it is not sufficient to agree with the victims.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.