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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was under the influence of liquor at the time of the instant crime, and was in a state of mental disability, and the punishment sentenced by the court below (one year and six months of imprisonment) in light of the various circumstances of this case is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the court below's judgment as to the claim of mental disability, the defendant is deemed to have committed the crime of this case while drinking, but in light of the circumstances of the crime of this case, the method and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant suffered from drinking alcohol or lacks the ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit.
B. The Defendant’s confession of the instant crime and reflects on the assertion of unfair sentencing, the victim does not want the punishment of the Defendant under an agreement with the Defendant, and the fact that the Defendant did not have the same criminal record is favorable to the Defendant.
However, in light of the criminal implements, etc., the crime is not deemed to be inferior and the degree of damage cannot be deemed to be minor; the court below already rendered the lowest sentence that can be sentenced by discretionary mitigation in consideration of all the circumstances favorable to the defendant, and considering the defendant's age, character and conduct, the background and result of the crime in this case, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments in this case, the sentence imposed by the court below is too unreasonable; therefore, the defendant's assertion of unfair sentencing is without merit.
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.