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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. At the time of each of the crimes of this case, the Defendant was under the influence of alcohol and was in a state of mental or physical weakness or loss of mind and body.
B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the record on the assertion of mental or physical weakness or loss of mind and body, it is recognized that the Defendant was drinking at the time of each of the crimes in this case, but, in relation to the crime of attempted fire prevention of the present state building, the Defendant, after committing the crime, told the police officer of the fire prevention during smoking tobacco at the outside of the Gosiwon entrance, and voluntarily surrenders him to the Gosiwon and the nearby P police box, and the police officer in charge thought that there is no hindrance to the conversation with the self-denunciation in the court.
A consistently finitely and emotionally finitely, the defendant testified, and a professional examiner designated by the court below, through a statement (written opinion) and a statement in court, there is a problem in total so that it is difficult for the defendant to diagnose as a mental illness requiring clinical treatment or suspected of having a serious disorder in light of the amount of alcohol, drinking time, behavior at the time of the crime, etc. and immediately after the crime, there is a problem in the ability to distinguish things and the ability to control the behavior.
In light of the fact that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime, the Defendant did not appear to have changed things or failed to do so, and thus, the Defendant’s assertion on this part is without merit, given that the Defendant did not have the ability to discern things or make decisions, in light of the following: (a) more than three hours after the instant crime was committed; (b) more than three hours after the commission of the investigation by the investigative agency; and (c) other details, such as the background leading up to the commission of the instant crime; and (d)
B. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty.