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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was physically and mentally in a state of mental disorder due to depression and alcohol proof, etc.
B. The lower court’s sentence (10 months of imprisonment) against an unjust defendant is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, although the defendant suffers from depression, etc., considering the process of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's argument of mental disorder is without merit.
B. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing as shown in the records, the lower court’s punishment is too unreasonable, and thus, it does not seem to be unfair, on the contrary that the Defendant’s punishment is too too too too unreasonable, in light of the following: (a) the Defendant has repeatedly committed the same type of crime; (b) the Defendant committed the instant crime during the same repeated period; (c) the Defendant committed the instant crime in light of such criminal history; (d) the risk of recidivism was high in light of the Defendant’s criminal history; (e) the injury was not recovered at all; and (e) the victim was not agreed upon; and (e) the Defendant’s age, sex and environment
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.