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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant charges, the Defendant, who was physically and mentally weak, was in a physical and mental weak state that, at the time of the instant charges, there was a recompact disorder, and there was no existing mental disorder disorder, and there was a serious quantity of alcohol, and was in a state of mental and physical weakness that lacks the ability to discern things or make decisions.
B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness and the statement of opinion prepared by G Hospital I which was bound in the trial records of the lower court, the fact that the Defendant was receiving treatment from around 2011 to G Hospital with the dependence on severe alcohol without any existing mental symptoms, and the fact that the Defendant was drinking to a certain extent at the time of the instant facts charged is recognized.
However, in light of various circumstances, such as the occurrence of the instant crime, details of the crime, the Defendant’s behavior before and after the crime, the Defendant’s statement at an investigative agency, etc., it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s allegation is without merit.
B. The degree of injury of the victim to the determination of unfair sentencing is not significant, and the fact that the defendant agreed with the victim is favorable to the defendant.
However, the act of the defendant when the head of the victim is in danger is heavy due to the small-scale disease, which is a dangerous object, and the nature of the crime may lead to unbrupting results.
The defendant has a record of criminal punishment several times, including punishment for the same and different types of crime, and in particular, the crime of this case is committed even though he/she was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) and completed the execution of the sentence and is still under repeated crime period.