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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 in a state of mental disorder or mental disability with mental disorder.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, although the defendant was found to have been drinking at the time of the crime of this case, the defendant did not have the ability or decision-making ability to discern things due to drinking at the time of the crime of this case in light of the amount of the defendant's usual drinking, the circumstances of the crime of this case, the means and method, and the circumstances after the crime.
Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.
B. Regarding the assertion of unfair sentencing, the defendant commits the crime of this case against his wrongness while recognizing the crime of this case, and seems to have a mental disease such as personality disorder. However, the defendant has the history of fine and suspension of execution and imprisonment with labor several times due to the same crime, etc., and in particular, prior to the crime of this case, prior to the crime of this case, the defendant has already been punished three times or more due to injury to the victim and has already been punished by fine and imprisonment with labor. On April 16, 2009, the Changwon District Court was sentenced to eight months or more due to the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc., damage, etc.) at the Jinwon Branch Branch Branch of the Changwon District Court on September 11, 2009, even after the execution of the sentence was completed, the crime of this case against the victim of this case was committed again during the period of the repeated crime, and there was no agreement between the victim and the victim of this case until the trial was proper, and no specific effort was made to recover damage.