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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 asserted mental disorder was in a state of mental disability and mental disability.
B. The lower court’s imprisonment (four months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.
2. According to the records on the Defendant’s assertion of mental disorder, it may be recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes, but further, the Defendant did not seem to have lost the ability to discern things and make decisions due to drinking. Therefore, the Defendant’s assertion is rejected.
3. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the aforementioned legal principles, there is no change in the original judgment and the conditions of sentencing since new sentencing materials have not been submitted in the health team and the trial court. On the contrary, the Defendant committed an act of violating the regulations in a prison among several punishments in the instant case. In addition, the Defendant has a history of having been punished several times for the same kind of crime, and the Defendant committed the instant crime during the period of repeated offense due to the same crime, it is not recognized that the sentencing of the lower court is too excessive and exceeded the reasonable scope of discretion.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.