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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 was committing each of the instant crimes under the influence of drinking alcohol exceeding the ordinary share at the time of each of the instant crimes. As such, the Defendant was lacking in the ability to discern things or make decisions.
B. The sentence of the court below (six months of imprisonment) is too unreasonable in light of the fact that the health condition of the unfair defendant in sentencing is not good and that the rehabilitation is being corrected, etc.
2. Determination
A. According to the records as to the assertion of mental and physical weakness, although the defendant is found to have significantly drinking at the time of each of the crimes of this case, in light of the circumstances such as the background leading up to each of the crimes of this case, the contents, means and methods of each of the crimes of this case, and the circumstances after each of the crimes of this case, the defendant was in a state that he lacks the ability to discern things or make decisions due to drinking at the time of each of the crimes of this case
does not appear.
In addition, Article 10 (3) of the Criminal Code does not apply to any act of a person who predicted the occurrence of danger and caused his or her mental disorder.
As stated in the above, this provision includes not only the free act in the cause of intention but also the free act in the cause of negligence. Thus, even though it was possible to anticipate the occurrence of danger, it is also subject to the case where a person caused a mental disorder by his own act (see Supreme Court Decision 92Do99, Jul. 28, 1992). Therefore, even if the defendant had been in a state of mental and physical weakness by drinking alcohol at the time of each of the crimes in this case.
Even at home, according to the evidence adopted by the court below, the defendant has lost his ability to control each of the crimes of this case for a long time, and had frequently been engaged in an act of violence at the time of drinking, and the defendant has been able to have a criminal record related to violence.