beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant was unable or weak to discern things or make decisions by drinking alcohol at the time of committing 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 sentence imposed by the lower court on the Defendant (a fine of KRW 500,00 on the first and second crimes as stated in the original judgment) is too unreasonable.
2. Determination
A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was aware of drinking at the time of the instant crime, but it did not have any or weak ability to discern things or make decisions, and thus, the Defendant predicted the occurrence of danger as long as he/she performed alcohol, and caused his/her mental and physical disorder.
Since it is required (Article 10 (3) of the Criminal Act), the above argument of the defendant is rejected.
B. Although the amount obtained by the Defendant on the assertion of unfair sentencing is not significant, considering the circumstances unfavorable to the Defendant, such as the fact that the Defendant did not agree with the victims, the nature of the crime is not good in light of the method of the crime, and each of the crimes in the case of 2014Kadan4608 as stated in the judgment of the court below, and other circumstances that are conditions for sentencing as indicated in the records, such as the circumstances before and after the crime, the frequency of the crime, the age of the Defendant, character and conduct, environment, family relationship, etc., the punishment imposed by the court below cannot be deemed to be too unreasonable.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.