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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant was physically and physically in a state of mental weakness due to the injury and injury.
B. The sentence of the lower court’s improper sentencing (such as KRW 3 million) is too unreasonable.
2. Determination
A. According to the written diagnosis of determination as to the assertion of mental and physical weakness, it is recognized that the Defendant had suffered some difficulties in appraisal adjustment due to the current injury, etc. at the time of committing the instant crime, but on the other hand, in light of various circumstances, such as the background and means of the instant crime, the behavior of the Defendant before and after the instant crime, and the fact that the Defendant made a statement to some extent by memorying the process of the instant crime, it is not deemed that the Defendant had no or weak ability to discern things due to the current injury at the time of committing the instant crime.
Therefore, this part of the defendant's argument is without merit.
B. The crime of this case with a knife that is a dangerous object and carrying dangerous objects that might be used for the crime without any justifiable reason, such as walking along the road, etc., and the nature of the crime is not less than that of the crime in light of the risk of the crime. The defendant has been subject to criminal punishment seven times prior to the crime of this case (one time of suspended execution, six times of fines) due to the same violent crime. In particular, the crime of this case is committed during the suspended execution period for the same kind of crime, in full view of the circumstances unfavorable to the defendant, such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and other various conditions of sentencing as shown in the argument of this case, such as the circumstance before and after the crime, etc., the defendant led to his confession and reflects the crime, and the Cho Byung who suffered from the defendant appears to be one of the causes of the crime of this case.