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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was confined in a single room and committed the instant crime in a state of public disorder.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.
2. Determination
A. The Defendant’s judgment on the claim of mental disability is recognized as having received medical treatment through a mental fission around 201, but there is no evidence to acknowledge that the instant crime was committed in a state of mental disorder caused by sulfur disorder at the time of the instant crime, and there is no evidence to prove that the Defendant had been committed with a mental therapy. In full view of the details, process, means and methods of the instant crime, the Defendant’s attitude and circumstances before and after the instant crime, it does not seem that the Defendant had weak ability to discern things or make decisions due to sulfur disorder at the time of the instant crime.
Therefore, the defendant's above assertion is without merit.
B. It is recognized that the defendant's confession of the crime and reflects on the degree of damage to the crime of this case, and that the degree of damage to the crime of this case is relatively not much severe.
However, in light of the fact that the Defendant committed the instant crime while living under confinement in prison without being able to do so, there is a large number of criminal records (four times of imprisonment, two times of suspended sentence of imprisonment, and seven times of fine) due to violent crimes, which are likely to repeat the crime, and other factors such as the Defendant’s age, character and conduct, motive, means and methods of the instant crime, and circumstances after the instant crime, the lower court’s sentence is too unreasonable.
Therefore, the defendant's above assertion is without merit.
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.