beta
Text
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 was in a state of mental disorder or mental retardation.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and a fine of five hundred thousand won) is too unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mental disorder, even though the defendant was aware of drinking alcohol at the time of each of the crimes in this case, considering such circumstances, it cannot be deemed that the defendant was in a state of loss or lack of ability to discern things or make decisions at the time of each of the crimes in this case, in light of the background of each of the crimes in this case, the means and methods of the crimes in this case, the defendant's attitude and behavior before and after the crimes in this case, and
Even if the defendant was in a state of mental disorder due to the alcohol at the time of the crime of this case, Article 10(3) of the Criminal Act provides that "the preceding two paragraphs shall not apply to any act of a person who predicted the occurrence of danger and caused a person's mental disorder due to his own mental disorder." According to evidence duly adopted and examined by the court below and the court below, the defendant can be found to have committed each of the crimes of this case under the influence of alcohol even though he had a record of punishment for assault, bodily injury, insult, etc., even though he had been under the influence of alcohol, and again he had a record of committing each of the crimes of this case under the influence of alcohol, so the defendant is deemed to have committed each of the crimes of this case.
Therefore, the defendant's above assertion is not accepted.
B. As the Defendant again committed each of the instant crimes due to the same crime during the period of repeated crime, the nature of the crime was extremely poor, the Defendant did not agree with the victims up to the trial, and the Defendant is against and physically disabled and the health status is not good.