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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime, the lower court erred by failing to recognize it.
B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. According to the record as to the assertion of mental disorder, the defendant was suffering from mental and physical illness, and even though being drunk at the time of the crime of this case, in light of the background of the crime and the circumstances before and after the crime, etc., the defendant was physically and mentally deprived or physically weak at the time of committing the crime
subsection (b) of this section.
In light of the following facts: (a) even if the Defendant was in a state of mental and physical weakness even though he was under the influence of alcohol at the time of committing the instant crime; (b) even if he was under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of mental and physical weakness; (c) the Defendant was aware that he was under the influence of alcohol; (d) the Defendant was under the influence of committing violent crimes; and (e) the Defendant was under the influence of punishing the Defendant; and (c) the Defendant stated at the police that he was under the influence of having been under the influence of three times the Defendant was under the influence of three times the Defendant was under the influence of having been under the influence of four weeks; (d) the Defendant could have predicted that there was a risk of preventing a crime based on the violent inclination if he was under the influence of alcohol; and (e) the Defendant committed the instant crime based on such violent tendency; and (e) the Defendant’s physical and physical weakness provision of Article 10(3) of the Criminal Act does not apply to the instant crime since he was under the influence of the instant crime.
Any mother's argument of mental or physical weakness is without merit.
B. The circumstances favorable to the unfair argument of sentencing: the defendant.