사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The sentence of the lower court (three months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. In light of the evidence duly admitted and examined by the court below, the defendant was found to have had the ability to discern things or make decisions due to drinking, in light of the circumstances leading up to the crime, the means and method of the crime, and the behavior and circumstances of the defendant before and after the crime, etc., the defendant was in a state that he did not have the ability to discern things or make decisions due to drinking.
does not appear.
In addition, even if the defendant was in a state of mental disorder at the time of the crime of this case, the defendant was able to have been punished for a crime of assault, interference with duties by drinking alcohol, or assault, etc., and the defendant committed the crime of this case after he predicted or could have predicted the risk of committing a similar crime under the influence of alcohol in the case of drinking alcohol, which caused a person's mental and physical state of drinking alcohol. Thus, the defendant's act of this case cannot be mitigated from punishment due to mental and physical disorder because Article 10(3) of the Criminal Act is applied.
Therefore, this part of the defendant's argument is without merit.
B. We examine the judgment regarding the unfair argument of sentencing, and the defendant appears to have committed a contingent crime in the oral transport, and all of his errors are recognized and their depth reflects on it, and the fact that the victim does not want the punishment of the defendant under the original agreement with the defendant is favorable to the defendant.
On the other hand, however, the crime of this case does not pay the drinking value without any reason, and gives sound to the victims and employees and takes a bath.