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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant was in a state of mental disorder by drinking alcohol.
B. The sentence (1.5 million won of fine) imposed by the court below against the defendant is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drank a considerable amount of alcohol at the time of the instant case, but considering the defendant's attitude and words before and after the instant crime, it cannot be seen that the defendant at the time of the instant crime did not have the ability to discern things or make decisions. Thus, this part of the defendant's assertion is difficult to accept.
B. In full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant’s judgment on the assertion of unfair sentencing is against the recognition of and against the instant crime, the amount of damage is not high, and the fact that the instant case could have been tried simultaneously with the crime of fraud for which judgment has become final and conclusive, but the lower court appears to have determined the Defendant’s punishment by taking into account all such favorable circumstances, and there was no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and the Defendant committed the instant crime despite the fact that he had been punished several times of the same crime, and other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s character and behavior, environment
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.