The defendant's appeal is dismissed.

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment of the lower court is too heavy.

2. Judgment on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant was exempted from military service due to mental instability, etc. in the police investigation.

The fact that the defendant made a statement, and the fact that the defendant had drank a large quantity of alcohol together with the victim immediately before the crime of this case is committed can be recognized.

However, the Defendant is not receiving any particular mental treatment before and after the instant crime, and his health condition is fine to the extent that it does not cause inconvenience at the time of the police investigation.

In light of the fact that the Defendant made a statement about the instant crime, the fact that the Defendant made a detailed statement about the instant crime, and the circumstances such as the background, means, and the Defendant’s conduct before and after the instant crime, it does not seem that the Defendant did not seem to have reached a weak state of ability to discern things or make decisions due to the increase of mental instability, etc. or the state of action.

B. There is no change in the sentencing conditions after the judgment of the court below on the unfair argument of sentencing.

In full view of all the circumstances described by the court below on the grounds of sentencing and all other conditions of sentencing indicated in the records, the sentence imposed by the court below on the defendant seems to have been determined within the scope of the court’s discretion of sentencing, and it cannot be deemed to be unfair because it is too too unreasonable to avoid reversal.

3. The defendant's appeal is dismissed.