Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. According to the records of judgment on the claim of mental disability, it is found that the defendant was aware that he had drinking alcohol at the time of the crime in this case, but in light of the background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions. Thus, the defendant'
3. That the Defendant’s decision on the assertion of unfair sentencing is favorable to the Defendant, who committed the instant crime and divided the mistake.
However, the crime of this case was committed on the other hand by a minor soldier who is a dangerous object under the influence of alcohol by the defendant, and the crime of this case did not take measures to compensate the victim for damages, such as agreement with the victim or deposit money, in light of the criminal history and method of the crime. The statutory punishment for the crime of this case is imprisonment for a limited term of at least three years, and the court below sentenced the lower court to the defendant, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and character environment, the circumstances before and after the crime, etc., are too unreasonable.
4. 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.