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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to alcohol proof, depression, etc.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the record of determination on the assertion of mental and physical disorder, the fact that the Defendant was suffering from the existence and depression of alcohol at the time of each of the crimes in this case is recognized.
However, in light of the developments leading up to each of the crimes of this case, the details of the crime, and the circumstances before and after the crime were duly adopted and examined by the court below, the defendant was in a state that the defendant was unable to discern things or make decisions due to alcohol proof and depression, etc. at the time of the crime.
It is not recognized.
This part of the defendant's assertion is not accepted.
B. The Defendant recognized each of the instant crimes and opposed to the determination of the unfair argument on sentencing.
The amount of damage caused by each of the instant crimes was relatively small, and a significant portion of the victims were recovered.
This is the circumstances favorable to the defendant.
However, the crime of this case is not likely to have been committed by the defendant who was under suspension of execution due to the same crime.
If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.
This is disadvantageous to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.
3. Thus, the defendant's appeal is correct.