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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disorder by drinking alcohol.
B. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.
2. In light of the Defendant’s speech and behavior or the circumstances before and after the instant crime, which was acknowledged by the record as to the assertion of mental and physical disorder, the Defendant did not appear to have lost or weak ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental and physical disorder is rejected.
3. Even when considering the fact that the Defendant’s act of unfair sentencing is against himself and the Defendant suffers from climatic dependence on alcohol and drinking alcohol appears to have affected a certain part of the instant crime, the Defendant’s act of committing the instant crime is defective, that the Defendant had been punished more than 30 times, that the Defendant committed the instant crime at 70 days, that he did not receive a letter from the victim, that there is no new special circumstance or change of circumstances that may be reflected in the sentencing after the sentence of the lower judgment was sentenced, and that there is no other circumstance or circumstance that may be reflected in the sentencing, such as the Defendant’s age, character and behavior, environment, motive and consequence of the instant crime, and circumstances after the crime, etc., the Defendant’s assertion of unfair sentencing is not accepted since the sentence of the lower court is too heavy beyond the scope of reasonable discretion.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.