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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of each of the instant crimes.
B. In view of the fact that the Defendant recognized the instant crime and is against the nature of the Defendant, the act committed under the influence of alcohol, and the Defendant’s behavior and the degree of damage, etc., the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. In light of the Defendant’s speech and behavior or the following circumstances at the time of each of the instant crimes, and the police officer’s statement that the Defendant was not in a state of exploitation, etc., it does not seem that the Defendant did not seem to have in a state of lacking the ability to discern things or make decisions due to drinking at the time of each of the instant crimes.
Even if the defendant was in a state of mental disability at the time of the crime of this case under the influence of alcohol, in light of the fact that the defendant committed a crime under the influence of alcohol several times before the crime of this case and had the record of being punished, the defendant predicted his own act that is likely to commit a crime after drinking, and the defendant himself was in a state of mental disorder. Thus, the above act of the defendant constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, it cannot be said
Therefore, the defendant's argument of mental disability is without merit.
B. Considering the circumstances alleged in the Defendant’s assertion of unfair sentencing, each of the instant crimes is not good in light of its circumstances, etc., and the Defendant has a criminal record exceeding 20 times in total by including six previous criminal records of interference with business by repeating a criminal act without any reason after drinking alcohol. Each of the instant crimes also committed by the Defendant on a one-month basis after the completion of the execution of punishment for the same kind of crime, which is a crime committed during the period of repeated crimes.