The defendant's appeal is dismissed.

The lower court sentenced the Defendant to the dismissal of prosecution on March 26, 2018 among the facts charged in the instant case, and filed an appeal only for the guilty portion. As such, the part of the dismissal of prosecution as to the aforementioned dismissal of prosecution is separately determined upon the expiration of the appeal period, and is excluded from the scope of the judgment of this court.

Summary of Grounds for Appeal

At the time of the instant crime, the Defendant, under the influence of alcohol, was unable or weak to discern things or make decisions.

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

Judgment

According to the records of mental and physical disorder, although the defendant was found to drink at the time of the crime of this case, considering the background of the crime of this case, the details of the crime, and the circumstances after the crime, it is difficult to view that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions at the time of preventing the crime of this case.

If there is no change in the conditions of sentencing compared with the first instance court of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no change in any particular sentencing condition compared to the original judgment, and the circumstances alleged by the defendant on the grounds of unfair sentencing are deemed to have already been reflected in the grounds for sentencing by the lower court. Above all, the defendant has been punished several times for the same crime, and the defendant committed again the instant crime even though he was sentenced to a suspended sentence of two years in June 2013 due to violent crime, around June 2013, even if he was sentenced to a suspended sentence of one year and six months for the same crime, and other various circumstances, including the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, and the record of the crime, etc., the lower court’s sentencing is too excessive.