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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. According to the record as to the claim of mental retardation, it is found that the defendant was aware that he had drinking alcohol at the time of the crime of this case, but in light of the background of the crime of this case, the means and method of the crime, and the circumstances before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions. Thus, the above argument by the defendant
B. As to the assertion of unfair sentencing, the circumstances favorable to the Defendant include: (a) the Defendant’s consent to and reflects the instant crime; and (b) the victim D does not want the Defendant’s punishment.
However, the court below determined a punishment by fully considering the circumstances favorable to the defendant, and it seems that there was no change in circumstances that would change the circumstances that would be different from the judgment of the court below, and the defendant has been sentenced several times due to the larcenys. However, the sentence of the crime of this case is inevitable during the repeated crime period, and the lower court sentenced the punishment near the lower court to the lower court for three years, and the amount of habitual larcenys is smaller than 4 million won, and the amount of damage of the habitual larcenys is smaller than 4 million won, and the defendant did not take measures to compensate the victim by agreement with the victims or deposit money until the trial. The obscene obscenity of the communications media of this case was committed by changing the cell phone which was used several times, and in light of such various methods, the nature of the crime is not good, and the defendant's age and character, and circumstances before and after the crime are recorded and arguments.