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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant had weak ability to distinguish objects and make decisions due to HIV (HIV).
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the judgment and pleading as to the claim of mental retardation, it is recognized that the defendant was diagnosed as one-person HIV (human immunodeficiency virus) at the time of the crime in this case, but in light of various circumstances, such as the background, means, and conduct before and after the crime, it is not deemed that the defendant had the ability to discern things or make decisions, and thus, the above assertion is without merit.
B. Although the Defendant’s judgment on the assertion of unfair sentencing is recognized to have led to a confession of all the instant crimes and divided, the Defendant again committed the instant crimes of the same kind during the period of repeated crime even though he had many records of punishment for the same kind of crime, and did not recover from damage up to the trial, the lower court’s punishment is the maximum punishment that has reduced the amount of punishment at the lower limit of the statutory penalty, and the various sentencing conditions as shown in the records and arguments, such as the background of the instant crimes, means, and circumstances after the instant crimes, are considered to have been committed, it cannot be deemed that the lower court’s punishment against the Defendant is unreasonable.
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.
However, since it is obvious that "eight years of imprisonment" in the reasoning of the judgment below is a clerical error, it shall be corrected to "eight months of imprisonment" in accordance with Article 25 (1) of the Regulations on Criminal Procedure.