사기등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) was in a state of mental disability at the time of each of the instant offenses, and the sentence imposed by the lower court on the Defendant (a year of imprisonment) is unreasonable.
2. Determination
A. According to the records of this case as to the claim of mental disability, it is found that the defendant was in a drunken state at the time of each of the crimes in this case, but in light of various circumstances, such as the background, means, and actions before and after the crime in this case, it is not deemed that the defendant had the ability to discern things or make decisions at the time of each of the crimes in this case. Thus, the defendant's claim of mental disability is without merit
B. The Defendant made a confession of the instant crime and reflects his mistake in the judgment on the assertion of unfair sentencing are favorable to the Defendant, but the Defendant repeatedly committed the instant crime during the repeated offense period due to the same type of crime. The instant crime is not less than the nature of the crime in comparison with the so-called “unauthorizedness” act of taking the victim into account alcohol and alcohol, and it is not easy to agree with the victims up to the trial, and has not made any effort to recover damage, taking into account all the sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, and circumstances after the instant crime, etc., and thus, the Defendant’s allegation of unfair sentencing is inappropriate, and thus, the Defendant’s assertion of unfair sentencing is not reasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.