폭행
The defendant's appeal is dismissed.
1. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was aware that he was drinking at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime in light of the following: (a) the Defendant was aware that he had a drinking condition at the time of committing the instant crime; (b) the background leading up to
Since it seems that there was no or weak state, the above assertion by the defendant is without merit.
2. The Defendant’s judgment on the Defendant’s assertion of unfair sentencing shall be based on the following factors: (a) the Defendant had a record of having been sentenced twice to punishment for the same criminal offense; (b) the Defendant had been drunk even after the instant crime; and (c) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct; (b) the motive leading to the instant crime; and (c) the method of committing the instant crime; and (d) the Defendant’
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.