beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant, while suffering from mental illness such as a flat and polar disorder, was under the influence of alcohol at the time of the instant crime, has weak ability to discern things or make decisions, the lower court’s failure to reduce the amount of mental disorder is erroneous in misapprehending the legal principles as to it.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fines 3,00,000) is too much higher than the amount of the fine, and the amount of the converted penalty is too much less than 50,000 won per day.
2. Determination
A. In light of the judgment on the claim of mental disability, according to the evidence duly adopted and examined by the court below, the defendant suffered from mental illness such as the normal and polar disorder, etc., and the fact that the defendant had drinking alcohol at the time of the crime of this case is recognized, but it seems that the defendant did not have the weak ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit.
B. We examine the judgment on the assertion of unfair sentencing. Although the defendant acknowledged the crime of this case and agreed with the victim, the defendant's 20 records of punishment for the same crime reach 20 or more times, which can be sentenced to imprisonment due to the defendant's imprisonment, and considering all the circumstances leading to the crime of this case, the process and the process of the crime of this case, the amount of fraud, the defendant's age, occupation and occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below is judged to be appropriate for the punishment of the crime of this case and the amount of exchange inducement is not reasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.