beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder by drinking at the time of committing the instant crime.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, in light of the circumstance leading up to each of the crimes of this case, such as the defendant's statement that the defendant had no or weak ability to distinguish things or make decisions at the time of committing the crime, such as the defendant's entry into E, which is the place of the crime of this case, and memorys the fact that the defendant was frightening to women, and that he continued to drink in the middle due to breath infection, although the police confirmed that he did not have any drinking value as he did not have any drinking value, and the circumstances after committing the crime, etc., it does not seem that the defendant had no or weak ability to distinguish things at the time of the crime.
B. As to the assertion on unfair sentencing, the instant case is a case where the Defendant was provided with an alcoholic beverage equivalent to KRW 3.10,00 in spite of the Defendant’s intent and ability to pay the drinking value, and the Defendant led to the Defendant to commit the instant crime under the age of 67 years. However, even though the Defendant was convicted of multiple criminal offenses including fraud due to an integrative type, such as an integrative period exceeding 26 years, etc., the Defendant was sentenced for the same criminal record and was sentenced to a punishment on March 10, 2013, and the Defendant again committed the instant crime on the day when he was released from the workhouse due to the failure to pay the fine due to the same criminal record, and all other circumstances, including the character and conduct of the Defendant, the motive and background of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.