The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant, at the time of committing the instant crime, was under the influence of alcohol and was in a state of mental disorder or mental disability.

The punishment sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment and three years of suspended execution) is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the background and method leading to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case

The defendant's mental disorder is without merit.

Although the defendant's judgment on the assertion of unfair sentencing is based on substitution of the crime in this case, and there is no record of committing the same crime or of criminal punishment heavier than a suspended sentence so far, and there is an agreement with the victim, it seems that the victim suffered considerable mental impulse and pain due to the crime in this case. Considering the various circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime in this case, the court below's decision to suspend its execution is too unreasonable, when it selects a limited term of punishment among the statutory punishment for the crime in this case, and sentenced the maximum punishment within the limited term of punishment which has been mitigated.

The defendant's assertion of unfair sentencing is without merit.

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