beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant, as a patient with proof of alcohol alcohol alcohol, was in a state where his ability to determine whether he was drunk and his consciousness was unclear at the time; and (b) was against the Defendant’s crime.
2. First of all, the Defendant’s argument to the effect that punishment should be mitigated in a state of mental disorder because he was under the influence of alcohol at the time of committing the instant crime, since he was in an unclear state of consciousness and consciousness.
In full view of all the circumstances, such as the background leading to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, which were duly adopted and examined by the court, it does not seem that the Defendant was somewhat under the influence of alcohol at the time of the instant crime, but it did not appear that the Defendant had the ability to discern things or make decisions.
Therefore, this part of the defendant's argument is without merit.
Furthermore, the defendant asserts to the effect that sentencing of the judgment of the court below is unreasonable, and this is examined.
The amount of fraud of the instant crime is minor to KRW 93,00, and the fact that the instant crime is favorable to the Defendant, such as the following: (a) fraud for which the judgment has become final and conclusive (Tgu District Court 2012 senior group 1538, 1652 (combined), 2255 (Consolidated), 2501 (Consolidated), 2923 (Consolidated))) and the latter part of Article 37 of the Criminal Act, which should be considered at the same time in relation to concurrent crimes in which the judgment has been rendered.
However, the Defendant repeatedly committed a violation of the several laws identical to the instant case, and there are many previous charges, the Defendant appears to have significantly high risk of recidivism with a patient with alcohol respect, and the Defendant did not attempt to reach an agreement with the victim, etc. are disadvantageous to the Defendant.
The above circumstances are as follows.