Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.
B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of a severe disability, it does not appear that the Defendant did not have or lacks the ability to discern things due to drinking at the time of the instant crime.
Defendant’s assertion is not accepted.
B. The Defendant recognized the instant crime of this case as to the wrongful argument of sentencing.
However, there are many cases where the defendant committed the crime of this case again during the period of repeated crime due to the same theft, intrusion of residence, intrusion of residence, damage of property, etc., the crime of this case is highly likely to cause additional damage due to the damage of kimchi, the nature of the crime is not good, and there is no agreement with the victims up to the trial.
In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.
Defendant’s assertion is not accepted.
3. 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.