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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to the druplicative legacy.
B. The sentence of the lower court’s unfair sentencing (two years and two months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant had a record of committing a crime punishable by inhaleing the main body of hallucinogenic substances several times, which is anticipated to have been bequeathed. However, considering the circumstances leading to the crime of this case, the method and method of the crime, the statement made by the defendant to the investigation agency after the crime of this case, the defendant lost or weak ability to distinguish things or make decisions.
Therefore, the defendant's above assertion cannot be accepted.
B. In addition, even though the amount of damage caused by the instant crime is relatively small, the Defendant is deemed to have been punished for the same kind of crime more than eight times, and the Defendant again committed the instant crime despite the fact that the Defendant had the record of being punished for the same crime at the time of the instant crime, and even though he had been punished for a repeated crime, he did not have an endeavor to improve his character and conduct despite the repeated crime and the punishment therefor. In addition, considering the Defendant’s age, sex, behavior, environment, motive, means, means and consequence of the instant crime, the circumstances after the crime occurred, etc., it is deemed that the lower court’s punishment is too excessive and unfair. Thus, the Defendant’s above assertion is not reasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.