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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The sentence of the lower court (one year, six months, and confiscation) which is unfair in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant was in a state that he did not have or lacks the ability to make a decision on the ability or intent to discern things
Therefore, the defendant's above assertion is without merit.
B. It is recognized that there are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, and if this judgment becomes final and conclusive, it appears that the previous suspension of execution would be invalidated, and that long-term detention of the Defendant would have a significant impact on his family’s livelihood.
However, the crime of this case is committed against the relatives living together with the defendant by discriminatoryly using violence against them, such as putting a knife, which is a dangerous object twice, and the crime of this case is not very good. The defendant has been punished by a fine and a punishment for the suspension of the execution of imprisonment on two occasions by abusing violence against the elderly and her parents, even before she committed the crime of this case. However, the crime of this case was committed again during the period of the suspension of the execution of the punishment, and there is no other change of circumstances that can be newly considered in the punishment in the trial, and there is no other defendant's age, sex, environment, means and method of the crime.