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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant committed the instant crime under the influence of alcohol at the time of each of the instant crimes, without considering the fact that the Defendant committed the instant crime. The lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. In light of the background, process, means and method of the instant crime as well as the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental and physical disorder, it cannot be seen that the Defendant was under the influence of alcohol at the time of each of the instant crimes, and thus, the Defendant’s allegation is rejected.
B. In full view of and reviewing the various circumstances, including the fact that the Defendant had been punished more than 20 times as a crime of violence, etc. even before the instant case, and that the lower court has already been sentenced to a fine more than the fine (3 million won) of the summary order by taking into account the favorable circumstances in the Defendant and the economic conditions of the Defendant, etc., and that the Defendant had already been subject to such a fine, etc., the lower court’s punishment seems to be appropriate, and thus, the Defendant’s above assertion is rejected.
3. According to the conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. (However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the court below's decision is delivered with the order that "each choice of imprisonment with labor" in the applicable provisions of the law of the court below is corrected to "each choice of fine," and "the choice of punishment".