The defendant's appeal is dismissed.

The Defendant appealed on the ground that the Defendant was in a state of mental disorder at the time of committing the instant crime, and that the lower court’s punishment is too heavy.

Considering the defendant's petition of appeal, statement of reasons for appeal, and other circumstances revealed in the records of trial, the defendant was in a state that he does not have or lacks the ability to discern things or make decisions due to drinking at the time.

shall not be deemed to exist.

B. In full view of a number of sentencing factors, the lower court’s sentence cannot be deemed unfair due to the absence of the sentence.

The defendant's appeal is dismissed without holding any pleadings pursuant to Article 364 (5) of the Criminal Procedure Act.