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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by misapprehending the legal principles, committed the instant crime in a state of mental disorder under the influence of drugs and alcohol, under the influence of alcohol treatment, etc.
B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.
2. Determination
A. According to the record as to the assertion of misapprehension of legal principles, the defendant received a mental and external medical treatment from July 23, 2014 to August 26, 2014, which was before and after the crime of this case, due to alcohol dependence, and the defendant committed the crime of this case under drinking, although it is recognized that the defendant committed the crime of this case, in light of the degree and symptoms of ordinary drinking, alcohol identification, etc., the medical treatment process, the process, means and method of the crime, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant was in a lack or weak state of ability to distinguish things or decision-making ability under the influence of drugs and alcohol alcohol, etc. at the time of the crime of this case, and even if the defendant was under the same condition under the influence of alcohol, the defendant's act of this case constitutes a person who has predicted danger and caused mental and physical disorder as a person, and thus, Article 10 (2) of the Criminal Act does not apply.
B. As to the assertion of unfair sentencing, it is recognized that the defendant led to the confession of the crime of this case and reflects the mistake, the degree of injury to the victim is relatively minor, and the victim is not subject to the punishment of the defendant by mutual consent with the victim.
However, the defendant carried excessive goods, which are dangerous goods, and carried them on the part of the victim. In light of the means of the above crime and the part of the injury, the defendant was sentenced to imprisonment for a period of one year due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, etc.) and was sentenced to repeated crimes.