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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.
B. In light of the fact that the Defendant committed the instant crime under the influence of an unreasonable sentencing decision under the influence of alcohol and that the Defendant was against the Defendant’s failure to repeat the crime, etc., the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, even though the defendant was somewhat drunk at the time of the crime of this case, in light of the circumstance leading to the crime of this case, the detailed method of the crime, the defendant's attitude before and after the crime of this case, and the behavior, etc., it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol, and thus, the above assertion of mental and physical disorder of the
B. Even if there exist circumstances as alleged by the Defendant on the assertion of unfair sentencing, the instant crime committed by the Defendant, even if there are such circumstances as claimed in the assertion of unfair sentencing, was committed in full view of all the circumstances as the Defendant’s character and behavior and environment, the background and consequence of the instant crime, and the circumstances that form the conditions for sentencing as shown in the records and arguments, and thus, it cannot be deemed unfair on the grounds that the Defendant’s punishment imposed by the lower court is unreasonable, on the grounds that the instant crime was committed by intrusion on the victim’s own cret at night by taking advantage of the gap in which the victim, who is an employee of convenience store, was committed, and the nature of the relevant crime was not good, up to the trial. The Defendant did not reach an agreement with the victim up to the trial. The Defendant committed the instant crime several times due to the same type of crime
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.