beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in the absence or lack of the ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background, process, means and method of each of the instant crimes, the Defendant’s act before and after the commission of the crime, etc. as revealed in the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant was under the influence of alcohol at the time of each of the instant crimes, thereby having lost or weak ability to discern things or make decisions. Thus, this part of the Defendant’s assertion
B. Although there are favorable circumstances such as the confession and rebuttal of the crime of this case and the agreement with the victim on the assertion of unfair sentencing, the defendant has been subject to punishment more than 10 times for violent crimes, and the defendant committed the crime of this case during the repeated crime period. The crime of this case was committed by the defendant with the head of the victim as be beer disease, and the quality of the crime is not less than that of the crime, and the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is punishable by imprisonment for not less than three years, and the court below seems to have sentenced to imprisonment for not less than one year and six months, which is the lowest punishment within the mitigated range, taking into account the above favorable circumstances, considering the defendant's age, character and conduct, environment, health condition, and motive and circumstances of the crime of this case. Therefore, the defendant's allegation in this part of this case is without merit.
3. 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 decided as per Disposition.