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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder by drinking alcohol.
B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of each of the crimes of this case, in view of various circumstances, such as the course, process, means and method of each of the crimes of this case, the defendant's speech before and after the crime of this case, the victim's statement, and the defendant's walk on CCTV image, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of
Therefore, this part of the defendant's assertion is without merit.
B. The following facts are favorable circumstances: (a) the Defendant’s judgment on the assertion of unfair sentencing was made in the trial and recognized all the instant crimes; and (b) the agreement was reached in the victim G and the investigation stage; (c) each of the instant crimes was committed on November 26, 2013 by having been sentenced one year to imprisonment with prison labor for injury, etc. at the Gwangju District Court on April 18, 2013, and committed the instant crime even if the Defendant did not participate in his ownization and did not have any specific motive or reason; (d) the victim E and M’s degree of injury; (e) the Defendant did not agree with the victims other than the victim G; and (e) the Defendant did not endeavor to recover from the victims’ damage; and (e) the Defendant had already been punished more than six times for the same type of crime (limited to those sentenced to heavy punishment). However, each of the instant crimes was committed at the Southern Prison prison on November 26, 2013 by completing the period of repeated punishment; (e) the Defendant’s age, circumstances and circumstances of the instant crime;