The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.

The punishment (one year of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

According to the records of the judgment on the claim of mental disability, even though the defendant was aware of drinking alcohol at the time of each of the crimes in this case, considering the circumstances leading to the crime in this case, the means and methods of the crime, the defendant's behavior before and after the crime, etc., which can be recognized by the evidence duly adopted and investigated by the court below, the defendant did not have the ability to discern things or make decisions

did not appear to have existed in or weak condition.

Even if the Defendant had failed to perform the foregoing ability at that time, the Defendant had become unable to do so.

Even if it can be seen that the defendant predicted the risk of danger and self-determination, it cannot be exempted or mitigated from punishment due to mental or physical disorder (Article 10(3) of the Criminal Act). Thus, this part of the defendant's assertion cannot be accepted.

The fact that the defendant confessions and reflects the defendant's judgment on the assertion of unfair sentencing, and that the amount of damage by victim is not significant can be considered as favorable to the defendant.

However, there are many circumstances unfavorable to the defendant, such as the fact that the defendant has been sentenced to imprisonment several times for the same crime and has many other criminal records, the fact that the defendant again committed the crime of this case during the period of repeated crime of the same crime, and the victims have not agreed with them.

In this context, considering various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.