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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 person was in the state of mental disorder or mental disability.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (two million won by separate sentencing) is excessively unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case.
However, in light of the following: (a) the Defendant was unable to discern things or make a decision due to drinking at the time of committing the instant crime in light of the volume of drinking alcohol, the amount of the reputation of the Defendant; (b) the background leading up to the instant crime; and (c) the means and method thereof; and (c) the Defendant’s speech and attitude leading up
It does not seem that there was any or weak state.
Therefore, the defendant's above assertion is not accepted.
B. It is recognized as follows: (a) examining the assertion on unreasonable sentencing; (b) the Defendant committed the instant crime by somewhat drinking alcohol and contingently; (c) recognizing and opposing the Defendant’s criminal act; and (d) having difficulty in economic conditions and health of the Defendant.
However, on the ground that the crime of this case was done by the victim's horn, the victim's driver's seat is walking on the side of the victim's vehicle, and the police took a threat of 15 minutes of the disturbance until the clerical error, and the police took a bath to the police officer dispatched, and the case is not somewhat weak; the defendant did not agree with the victim; the defendant can have a record of identical violent crimes; the defendant appears to have been sentenced to more mitigated than a summary order (fine 3 million won) in consideration of the defendant's age, environment, occupation, family relation, etc.; and all other circumstances that are the conditions of sentencing indicated in the records, such as the defendant's age, occupation, family relation, etc., are considered to be unfair.