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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability due to mental disorder such as alcohol alcohol.
The sentence of the lower court’s unreasonable sentencing (one million won of fine) is too unreasonable.
Judgment
According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was hospitalized and treated by G Hospital due to alcohol existence, etc. after the crime of this case, when he took a certain degree of alcohol at the time of the crime of this case.
However, in light of the overall circumstances such as the Defendant’s speech and behavior, the specific details of the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to mental illness such as alcohol alcohol, etc. at the time of the crime in the instant case.
Therefore, this part of the defendant's argument is without merit.
Although the Defendant’s assertion of unfair sentencing is deemed to have been led to the confession and reflect of the instant crime on behalf of the Defendant, and there is no record of punishment for the same kind of crime, the instant crime is deemed to have been committed on the face of the police officer dispatched by the Defendant upon receipt of his report, and the nature of the crime is not somewhat weak; the damage of the victimized police officer is difficult to be deemed to have been recovered; and other sentencing conditions, such as the Defendant’s age, character and conduct, environment, criminal records, circumstances after the crime, and risk of re-offending, are examined in full view of all the sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal records, etc.,
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.