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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol and was in a state of mental disability or mental disability.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.
2. Determination
A. In light of various circumstances indicated in the records, such as the course and process of the instant crime and the Defendant’s conduct before and after the instant crime, even if the Defendant was drunk at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions, or did not have such ability. Therefore, this part of the Defendant’s assertion is without merit.
B. Although the Defendant is against the Defendant’s confession of the instant crime, the instant crime was committed by the Defendant on the ground that the Defendant was under the influence of alcohol on the part of the victim, who was driving a taxi, and thus, did not have an agreement with the victim. In full view of such various circumstances as the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, circumstances after the crime, criminal records, etc., the Defendant’s punishment imposed by the lower court is too unreasonable. Thus, this part of 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.