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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, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was in a state of drinking at the time of the above crime, in light of the following circumstances: (a) even though it was recognized that the Defendant was in a state of drinking, the Defendant was unable or weak to discern things or make decisions due to drinking; and (b) in light of the following circumstances: (c)
Therefore, the defendant's above assertion is without merit.
B. The facts that the Defendant led to the confession of the instant crime and reflects his mistake, and that the Defendant agreed with the victim are favorable.
However, in light of the circumstances unfavorable to the defendant, such as the fact that the defendant was punished for violent crimes several times, and in particular, the defendant committed the crime of this case during the repeated crime period of the same kind of crime, and committed the crime by taking advantage of his weak points (referring to the same method as the previous repeated crime) and the fact that there is no special change in circumstances to reflect in the sentencing after the decision of the court below, and other unfavorable conditions of sentencing as shown in the records and theories of this case, such as the defendant's age, sex behavior, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., it is not recognized that the court below's punishment is too excessive and unfair. Thus, the above assertion by the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.