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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant had no or weak ability to discern things or make decisions.
B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. In light of the following: (a) determination of mental and physical disorder; (b) background leading up to the crime; (c) method and method of the crime; and (d) circumstances after the crime, etc., it seems that the Defendant did not have or lacks the ability to discern things or make decisions at the time of the crime; and (d)
B. Determination on the assertion of unfair sentencing is based on the following facts: (a) the Defendant’s confession of the offense while committing the offense; (b) the Defendant is a disabled person of Grade II with hearing impairment; and (c) the beneficiary of basic livelihood security who has difficulty in economic conditions is a favorable reason for sentencing; (b) the instant crime was committed on the third floor of the building; (c) the type of the act may be inflicted an injury upon the Defendant, such as the wind, chairs, etc.; and (d) the two or more criminal records, including the criminal records, are disadvantageous reasons for sentencing.
In light of the above sentencing factors comprehensively considering the defendant's age, family relation, background and motive leading up to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below's punishment is deemed appropriate, and the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.