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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant had a weak ability to discern things or make decisions under the influence of alcohol.
B. The lower court’s punishment (two years and six months of imprisonment) that was unreasonably alleged in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is not deemed that the defendant committed the crime of this case, although the defendant was found to have her drinking alcohol at the time of the crime of this case, in light of all the circumstances such as the details and process of the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, the defendant's behavior before and after the crime of this case, and the attitude and content of the statement in the investigative agency at the time of the
Therefore, the defendant's mental and physical weak argument is without merit.
B. The circumstances are that the Defendant recognized the Defendant’s mistake and seriously reflects the Defendant’s health, the fact that the Defendant appears to have reached the instant crime, the fact that the Defendant agreed with the victim, the fact that there was no record of punishment for the same kind of crime, the victim and the Defendant’s family members and their neighbors want to take the Defendant’s wife against the Defendant, and the fact that the Defendant’s health status is not good, etc. are favorable or considered to the Defendant.
On the other hand, the Defendant committed the instant crime, in light of the fact that: (a) the Defendant destroyed the container, etc. by breaking the gasoline in a container, etc. using gasoline as a lodging place, and caused bodily injury to the victim; and (b) the Defendant committed the instant crime without being aware of the suspended sentence due to fraud, etc., which was sentenced to a suspended sentence, and without being able to do so during the suspended sentence; and (c) committed the instant crime.