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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had a mental disorder caused drinking at the time of committing the instant crime.
B. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. The lower court rejected the Defendant’s mental and physical disability assertion on the following grounds: (a) according to the evidence duly admitted and examined by the lower court, it is deemed that the Defendant was in a state of drinking alcohol at the time of the instant crime, but in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, and the degree of memory of the Defendant, etc., the Defendant did not seem to have suffered from the risk of changing things or making a decision, or
Examining the reasoning of the judgment below in light of the records of this case, the above judgment of the court below is just and acceptable.
Therefore, the defendant's mental disorder cannot be accepted.
B. As to the wrongful argument of sentencing, in full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the Defendant’s reflectivity, the background leading up to the offense, the means leading up to the offense, the degree of injury of the victim, the records of the Defendant’s criminal records, etc., as well as the favorable and unfavorable circumstances of the Defendant, including the Defendant’s age character and behavior intelligent environment, the relationship to the victim, the motive means of the offense, the results of the crime, and the circumstances after the crime,
Therefore, the defendant's improper assertion of sentencing cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.