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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the crimes of this case, the Defendant suffered from a mental disorder, who lacks the ability to discern things or make decisions due to alcohol at the time of the crime of this case.
B. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental and physical disorder, the defendant was using the treatment medicine after receiving the diagnosis of compicable mental disorder, and it is deemed that he had drinking at the time of each of the crimes in this case, but in light of the circumstances such as the details and methods of the crime, the contents of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had reached a state where he did not have the ability to discern things or make decisions, and therefore, this part of the argument by the defendant and the
B. As to the assertion of unfair sentencing, the Defendant had a record of criminal punishment more than 20 times due to fraud and violent crimes, etc., and committed each of the instant crimes repeatedly during the period of repeated crime due to the same kind of crime.
Up to the trial, most of the damage was not recovered, and it is highly dangerous in light of the contents of each assault.
There is no change in circumstances that make different judgments on the original judgment and the sentencing.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and contents leading to the instant crime, and various sentencing conditions as shown in the records and pleadings, such as circumstances after the crime, it is difficult to deem that the lower court’s punishment is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.