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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as a patient with symptoms of alcohol dependence, was in a state of mental disorder or mental disorder at the time of the instant case.
B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, the defendant was hospitalized in the past due to symptoms of alcohol dependence, etc., and drinking alcohol at the time of the crime of this case, but in full view of the defendant's behavior before and after the crime of this case, the defendant's statement contents and attitudes at the investigation agency and the court of the original instance and the court of the trial, and the degree of memory of the crime of this case, it is not deemed that the defendant did not have the ability to discern things or make decisions due to mental illness or drinking at the time of the crime of this case. Thus, the above assertion by the defendant is rejected.
B. Whether the Defendant’s judgment on the assertion of unfair sentencing is contrary to the Defendant’s assertion of unfair sentencing, and the Defendant’s treatment of alcohol dependence is repeated during the period of repeated crime committed in favor of the Defendant, and does not agree with the victims until the Defendant was in the trial, including the following: (a) the Defendant committed the instant crime; (b) no particular damage recovery was made; and (c) there was no change of circumstances that could vary between the lower court and the sentence; and (d) the circumstances leading to the instant crime, including the background leading up to the instant crime; (b) the Defendant’s age, character and conduct, environment, and the circumstances after the instant crime, etc.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.