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Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A mentally ill-minded defendant was drunk at the time of committing the instant crime and was in a state of mental disability.
The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.
Judgment
According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, it is not recognized that the defendant had the ability to discern things or make decisions under the influence of alcohol in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, and the circumstances before and after the crime of this case.
This part of the defendant's assertion is without merit.
A favorable circumstance is that the defendant who made a decision on the assertion of unfair sentencing is led to the confession and reflection of the crime of this case, the defendant appears to have committed the crime of this case in a contingent manner, the victims' injuries are relatively minor, and the victims do not want punishment against the defendant under an agreement with the victims.
However, the crime of this case was committed by the defendant while drinking alcohol at a restaurant, and was committed by assaulting the victims several times and harming them. In light of the background and form of the crime, the crime of this case was committed very poor, and the defendant was sentenced to a fine or imprisonment with prison labor due to injury, assault, etc. in the past, etc., and the defendant committed the crime of this case again when he was released from the restaurant without being aware of it during the period of repeated crime. Furthermore, all of the sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence, circumstances after the crime, etc., and the sentencing range of recommended sentence, general injury, special mitigation (general mitigation), special mitigation (specific mitigation), and recommendation area.