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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.
B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. In full view of the circumstances leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation amount, etc., acknowledged by the evidence duly adopted and examined by the lower court as to the claim of mental retardation, it cannot be seen that the Defendant was aware that he was in a state of drinking, but it does not seem that the Defendant had the weak ability to discern things or make decisions, and thus, the above assertion by the Defendant is rejected.
B. We examine the argument of unfair sentencing, even though the defendant was found to have agreed with the father K of the victim C, the defendant again committed the crime of this case without having been punished for the same kind of crime, even though he was under the period of suspension of execution. The crime of this case was threatened with a minor victim with a knife, which is a dangerous object without any particular reason. The crime of this case is very bad in light of its nature and criminal circumstances, and the court below seems to have determined the punishment by considering all favorable circumstances for the defendant, and there is no reason to mitigate it differently. According to Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. applicable to the defendant's crime of this case, Article 283(1) of the Criminal Act and Article 283(1) of the Criminal Act, if the punishment is reduced by imprisonment for a limited term of not less than one year, the maximum punishment of the defendant's punishment is considered as six months, and considering various conditions of oral proceedings such as age, character, environment, motive, means and result of the crime.