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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental disorder due to mental disorder, etc.
B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
2. Determination
A. According to the records of the instant case including the evidence such as the police statement on the victim's statement, investigation report (Attachment of the same kind of judgment, etc.), etc. as to the assertion of mental and physical disorder, the Defendant was receiving medical treatment due to alcohol mental illness, depression, etc., and it is recognized that the Defendant was drinking at the time of each of the instant crimes.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court: (i) the Defendant had been punished by committing the same kind of crime even before the instant crime was committed several times; (ii) the Defendant appears to have been engaged in daily life without receiving special medical treatment for mental illness, etc. even after being released on November 6, 2018; (iii) each of the instant crimes committed by the Defendant interfered with the victim’s restaurant business and damaged property; and (iv) according to the victim’s statement, the Defendant was under the influence of alcohol if he was placed in the restaurant (Article 37 of the Investigation Records). Even if the Defendant was unable to specifically memory the situation at the time of each of the instant crimes, in light of the above methods and contents of the crime, time of the crime, etc., when considering the above facts and the fact that it was impossible for the Defendant to temporarily memory as long as he was aware of due to drinking, the Defendant did not have the ability to make a decision for each of the instant crimes.
It is difficult to see that it has reached a weak or weak state.
Even if the defendant committed each of the crimes in this case.