beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was in a state of mental suffering suffering from a mental disorder, too much.
B. The lower court’s imprisonment (six months of imprisonment) on the ground of unfair sentencing is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and investigated by the court below and the records of this case, the defendant was aware of drinking even at the time of the crime of this case, but the previous assault power also committed against the patient under the influence of drinking (refer to the evidence record 36,37 pages). The defendant voluntarily complained of his intention that there was a loss of memory and a recurrence of dangerous behavior in drinking, and the defendant's continued drinking without self-regulation that he was diagnosed with mental and behavioral disorder caused by excessive drinking of alcohol by a psychiatrist, and eventually caused a state of violence that has been affected by drinking, such as the case and the previous crime of this case, and the defendant's drinking habits, attitude of living, and tendency at the time of the crime of this case.
Even if it cannot be deemed that the defendant's ability to discern things or the intention is weak, so the defendant's assertion of mental disability is without merit.
B. Although the Defendant’s wrong determination on the assertion of unfair sentencing is against the Defendant, and there are favorable circumstances, such as knee and knee, and undergo several operations or hospitalization, considering that the Defendant was punished several times as the same type of crime and committed again the instant crime even though he was under suspension of execution, the nature of the crime is not less complicated, the Defendant has not yet been used by the victim and has not been affected by the damage, and there are other various circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character, conduct and environment.