The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who has a mental or physical weak, committed the instant crime in a state of mental or physical weakness due to drinking at the time of the instant case.

B. In light of the fact that the illegal defendant in sentencing does not have health due to the melting and the removal of wings, etc., and that he did not drink the four months, and is very low, the sentence (one million won per punishment) imposed by the court below is too unreasonable.

2. Determination

A. In light of the background and method of the instant crime, the method and method of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant lacks the ability to discern things or make decisions at the time of preventing the instant crime.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of the crime.

In light of the fact that the defendant had been punished for committing the same kind of crime under the influence of alcohol even before the above crime was committed several times, the defendant predicted the risk of the crime that may occur after drinking, but did not have the mental and physical weakness.

Therefore, the above act by the defendant as above constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, the mental and physical weakness cannot be mitigated.

Therefore, the defendant's argument about mental and physical weakness is rejected.

B. Even when considering the circumstances alleged by the Defendant in the judgment on the unfair argument of sentencing, the Defendant has a lot of criminal records, including a suspended sentence, due to the same crime, and there are no new special circumstances or changes in circumstances that may be reflected in the sentencing after the sentence of the lower judgment was rendered, and the Defendant’s age, sex, environment, relationship with the victim, motive and consequence of the crime, etc. are as follows.