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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was suffering from alcohol dependence at the time of committing the instant crime, and was in a physical and mental weak state by drinking.
B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background leading up to each of the crimes of this case, the means and methods thereof, the Defendant’s attitude and words before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical weakness, it is recognized that the Defendant had drinking alcohol at the time of the crime of this case, but there was a lack of ability to discern things or make decisions.
shall not be deemed to exist.
Even if the Defendant was in a physical and mental state due to alcohol dependence at the time of each of the instant crimes, the Defendant was under the influence of alcohol.
In light of the fact that the Defendant had been punished by committing a similar crime under the influence of alcohol on several occasions even before each of the crimes in this case, the Defendant predicted the Defendant’s act that was at risk of committing a crime after drinking and caused the mental and physical disorder by himself even though he predicted it in advance.
As such, Article 10(3) of the Criminal Act is applicable to the above act of the defendant, so it cannot be reduced by law due to mental and physical weakness.
B. The Defendant agreed with the remaining victims except the victim G in the lower judgment regarding the unfair argument of sentencing, and transferred the amount of damage to the victim G in the trial of the party.
However, the defendant had a record of having been sentenced several times for the same crime, and in particular, two weeks after the completion of the execution of imprisonment due to the same crime, and repeatedly committed each of the crimes of this case within several months.
There are various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.