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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant, at the time of each of the instant crimes, should be legally mitigated on the ground that the Defendant was in a state of mental health and physical disability in which alcoholic beverages exceeding the ordinary share of the Defendant.
The defendant's defense counsel asserts that Article 10 (2) of the Criminal Code should be reduced according to Article 10 (1) prior to the amendment of Article 10 (2) of the Criminal Code (amended on December 18, 2018).
B. The original sentence of an unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Although the defendant appears to have committed each of the crimes in this case under the influence of alcohol, in light of the following circumstances revealed by the record, that is, each of the crimes in this case took place at a night time or night, so it was not a situation enough to drink to a level of drinking. Considering the CCTV video recording (Evidence Record 179 pages) taken on June 8, 2018, the defendant did not seem to have taken the influence of drinking at the time, and the defendant also stated in the investigative agency that the defendant stated to the effect that the defendant "I did not drink and drink much at the time of the instant case" (Evidence Record 73-75, 355, 355, 359, 364 pages, etc.), it cannot be deemed that the defendant committed each of the crimes in this case under the influence of decision-making ability or decision-making ability.
Even if the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime in this case, considering the fact that most of the recommended criminal experiences were derived from violent behavior in the state of drinking, and that the defendant also stated in the court that "no person has committed an act of drinking without drinking," it shall be deemed that the defendant's act constitutes a case where the defendant predicted that he was under the influence of alcohol that there was a risk of preventing violent crime, but voluntarily caused a mental disorder in drinking, and thus, it shall be deemed that the defendant's act constitutes a case where he was under the influence of alcohol.