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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendant is deemed to have committed each of the crimes in this case under the influence of alcohol, who was under the influence of a person with symptoms of alcohol, and was unable to memory due to breath, and the Defendant committed a crime under the state of mental disorder or mental disability and thus his responsibility should be dismissed or his punishment should be mitigated.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant at the time of committing each of the crimes in this case that the Defendant was in a state of mental disability
B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.
Judgment
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal doctrine, the Defendant appears to have been under the influence of alcohol at the time of each of the instant crimes.
However, in light of the circumstances leading up to each of the instant crimes, the speech and behavior at the time of the commission of the crime, the content and attitude of the statement made by the investigative agency, and the means and method of the crime, etc., it does not appear that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the instant crimes.
In contrast, the Defendant was in a state of mental disorder or mental disorder.
Even if there are the following circumstances revealed by the above evidence, i.e., (i) even if the Defendant’s statement was based on the Defendant’s statement, the Defendant shown alcohol addiction symptoms from around 1990; (ii) was punished by committing a crime under the influence of alcohol several times prior to each of the instant crimes; and (iii) the Defendant’s statement that “it is inevitable for the investigative agency to take an investigation into the instant crime,” and did not make an active effort to improve it.