사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. The defendant, at the time of the crime of this case, drank alcohol at the time of judgment on the argument of mental disorder
Even in light of the background and method of the instant crime, the circumstances before and after the instant crime, etc., the Defendant was under the influence of alcohol and had weak ability to identify things or make decisions.
Therefore, the defendant's above assertion is without merit.
B. The fact that the Defendant appears to have committed the instant crime under the influence of alcohol at the time of the judgment on the unjust assertion of sentencing seems to have been avoided by contingency and impulse, and that the scope of damages suffered by the victim B, D, etc. operating amusement centers, etc. due to the instant crime cannot be deemed to be excessive. The Defendant agreed with some victims during the trial process of the lower court and agreed by the said victims that the said victims do not want to be punished is favorable to the Defendant.
However, the Defendant committed the instant crime repeatedly during the repeated crime period even though he/she was punished by imprisonment with prison labor due to a crime of the same kind and habitually commits the instant crime even though he/she was punished by imprisonment with prison labor on around 2013. The instant crime was committed repeatedly during the repeated crime period. The instant crime was committed by the Defendant, who was under investigation due to the instant crime, by taking the victim Q Q Q, who is the police officer in charge, during the short period of time, and obsessing the police officer, and is not good in terms of the applicable law, circumstances, and quality of the crime. The instant crime was committed, and even if some victims suffered from the instant crime, the Defendant suffers from a disease, etc. which is unable to properly control his/her behavior if he/she drinks.
(b) argument.