beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the personality disorder.
B. The lower court’s sentencing (two years of imprisonment) is too unlimited, even if not, is unreasonable.
Judgment
A. According to the record as to the claim of mental disability, it is acknowledged that the defendant had a specific personality disorder at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had a weak ability to discern things or make decisions at the time of the crime of this case. Thus, this part
B. The Defendant, who made a judgment on the assertion of unfair sentencing, made a confession of all of the instant crimes, and was in violation of depth, and the degree of injury suffered by the victim is relatively not much severe, did not reach an agreement with the victim until the court below. The Defendant had the record of criminal punishment for a total of 25 times including the record of punishment 24 times prior to the instant crime. In particular, the Defendant was sentenced 1 year and six months as a crime of violation of the Punishment of Violences, etc. Act (Habitual Injury) and was sentenced to imprisonment with prison labor for the same crime, and committed the instant crime without being aware of it, even though he was sentenced to two years in prison, even though he was in prison, and was sentenced to imprisonment with prison labor for the same crime, and committed the instant crime. In light of the motive and background leading up to the instant crime, circumstances after the crime, Defendant’s age, character and behavior, and environment, etc., the sentencing of the lower court is too unreasonable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so ordered.