야간건조물침입절도등
The defendant's appeal is dismissed.
The gist of Defendant’s appeal is as follows: (a) although Defendant committed each of the instant crimes in the state of mental disorder under the influence of alcohol, the lower court did not recognize it. In so doing, the lower court erred by misapprehending the legal doctrine on fact-finding or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment; and (b) the sentence (one year and six months) imposed by the lower court is too unreasonable
However, according to the records of this case, at the time of each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions.
The defendant's mental and physical argument is not reasonable, and in full view of various circumstances that are conditions for sentencing as shown in this case, since the sentence imposed by the court below is too unreasonable, it is not recognized that the sentence imposed by the defendant is too unreasonable, and therefore, the defendant's improper argument in sentencing
Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.