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The defendant's appeal is dismissed.
Reasons
1. Although the “legal scenario” was also indicated in the “a summary of the grounds for appeal” in the statement of grounds for appeal prepared by the Defendant, the lower court did not clearly state the specific grounds for appeal, but did not appear to have erred in the misapprehension of legal principles. Therefore, it is not separately determined as to the misapprehension of legal principles.
A. At the time of committing the instant crime with mental disorder, the Defendant, under the influence of alcohol, did not have the ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records of mental and physical disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the background leading to the crime of this case, the method of crime, and the circumstances after the crime, etc., the defendant does not seem to have the ability to discern things or make decisions due to drinking at the time of the crime of this case, and thus, the defendant's mental and physical disorder argument
B. The following facts are considered to be favorable to the Defendant: (a) on April 29, 201, the Defendant was sentenced to a suspended sentence of three years and six months for the crime of indecent act by compulsion at the Seoul Northern District Court on the ground that the Defendant was sentenced to a suspended sentence of three years and six months for a crime of indecent act by compulsion; and (b) on the other hand, the Defendant’s act of indecent act by compulsion was committed
7. On March 9, 2012, the instant crime became final and conclusive as of 29, and was committed by assaulting another person on January 29, 2012, which was actually under the probation period, and was committed by assaulting another person on March 9, 2012 at the Seoul Central District Court, despite being sentenced to a fine of KRW 4,00,000,00, which was committed during the probation period, it again led to the instant crime without being among the persons, and the Defendant committed the crime of assault or bodily injury, or indecent act by compulsion.