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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal by the defendant and his defense counsel
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and even though he was in the state of mental disorder or mental disorder, the lower court erred by misapprehending this.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly admitted and investigated by the lower court as to the defense counsel’s mental and physical disability, it cannot be deemed that the Defendant was aware of the fact at the time of the instant crime, but did not have the ability to discern things or make decisions.
Therefore, the judgment of the court below that did not apply Article 10(1) and (2) of the Criminal Act cannot be deemed to have erred that affected the conclusion of the judgment in violation of the statutes on the grounds for statutory exemption from liability. Therefore, this part of
B. Although there are extenuating circumstances such as the defendant's recognition of the crime of this case and reflects his mistake, agreement with the victim, and the sentence of this case becomes final and conclusive due to the crime of this case, the defendant has already been punished for the same kind of crime, and the defendant has not been aware of it even though he was under the probation period for the same kind of crime, and the crime of this case has been committed again without being aware of it even though he was under the probation period for the same crime, and the crime of violation of the Punishment of Violences, etc. Act is very bad, and the statutory punishment for the crime of violation of the Punishment of Violences, etc. Act is imprisonment with prison labor for a limited term of not less than three years, and the maximum sentence of the punishment of the defendant who has been subject to discretionary mitigation is sentenced to imprisonment with prison labor for a limited term of not less than one year.