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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal, the defendant and his/her defense counsel asserted that they are not innocent with regard to the crime of destroying the property of this case on the six-time trial date, and that voluntary accompanying, which took place on January 11, 2016 from the summary of oral proceedings on February 7, 2015, was an irregular law.
However, according to the evidence duly adopted and examined by the court below and the court below, the part of the charge of the damage to property is found guilty, and voluntary accompanying on February 7, 2015 is deemed lawful, and there is no reason to investigate and reverse it ex officio.
A. At the time of committing the instant crime, the Defendant was in a state of mental or physical weakness or loss due to drinking, mental illness, excessive taking of drugs, etc.
B. The punishment of the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. There is no evidence to prove that the Defendant used excessive drugs at the time of each of the instant crimes. However, in full view of the evidence duly adopted and examined by the lower court and the first instance court, the Defendant was in a drinking condition at the time of each of the instant crimes, and the Defendant was deemed to have been under medical treatment due to the stimulative disorder, etc., but there was no or weak ability to discern things or make decisions.
It does not seem that it does not appear.
Therefore, the above argument of the defendant and his defense counsel cannot be accepted.
B. Although the Defendant agreed with the victim of the crime of damaging property of this case and the Defendant suffered from mental illness such as stimulative disorder, etc., the crime of this case has been committed in favor of the Defendant. However, under the influence of liquor three times, the Defendant has broken the glass window.