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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing each of the instant crimes, was physically and mentally disabled due to the dynamic disorder or pharism.
B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment and a fine of three hundred thousand won) is too unreasonable.
2. Determination
A. According to the record on the assertion of mental disorder, the Defendant had been hospitalized after the diagnosis of the physical disorder, etc. prior to the instant crime, and the Defendant was also hospitalized at the time of the instant crime. However, in full view of the background leading up to each of the instant crimes, the degree of drinking at the time of the instant crime, the means and methods of the instant crime, the Defendant’s attitude before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to mental disease or drinking, such as the physical disorder of the physical disorder, etc. at the time of each of the instant crimes.
The defendant's mental and physical disability cannot be seen as having reached a state of or weakness.
B. Even when considering the fact that the defendant led to the confession and reflect of each of the crimes of this case, and the health of the defendant is not good, each of the crimes of this case was destroyed by 7 soldiers, the total market value of which is 1.2 million won owned by the victim while the defendant talked about the issue of the premium with the victim, and thereby avoided a disturbance for about 1.30 minutes at the police box even after the defendant was arrested as an offender in the act of committing a crime, and the crime is not good in light of the contents of the crime. In particular, the defendant committed the crime of causing damage to the property of this case again during the period of repeated offense due to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) as well as the crime of causing damage to the property of this case during the period of repeated offense due to the same kind of crime. It does not reach an agreement with the victim of property damage until the trial of this case.