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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the event that the Defendant was under the influence of alcohol at the time of the instant crime, the lower court neglected the status of mental disability.
B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination of the claim of mental disability, the defendant can recognize the fact that he had drank a considerable amount of alcohol at the time of the crime. However, in light of the circumstances indicated in the record, such as the background of the crime and the conduct before and after the crime, it cannot be deemed that he/she had suffered a weak state of ability to discern things and make decisions under the influence of alcohol.
This part of the defendant's assertion is not accepted.
B. Although the Defendant appears to have an attitude against the judgment on the assertion of unfair sentencing, and there is no history of criminal punishment, considering the victim’s bereaved family members want to be punished by the Defendant in the trial, and other various circumstances that form the conditions of sentencing as indicated in the record, such as age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court 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 conclusion is groundless.