The defendant's appeal is dismissed.

Summary of Grounds for Appeal

When committing the instant crime with mental disability, they had the weak ability to discern things or make decisions under the influence of alcohol.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

According to the records of the judgment on the claim of mental disability, although the defendant could recognize the fact of drinking alcohol at the time of the crime of this case, it is not recognized that the defendant had the weak ability to discern things or make decisions.

Therefore, the defendant's assertion of mental disability is without merit.

The Defendant had been sentenced to imprisonment for six months with labor for the crime of violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on March 8, 2011. On March 8, 2011, after the execution of the sentence was completed, the Defendant did not make any effort to recover from damage, such as the agreement with the victim until the time of the trial. In full view of the motive for the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and criminal record, and other various circumstances that are the conditions for sentencing as shown in the records and arguments, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.