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The defendant's appeal is dismissed.
Reasons
According to the records on the determination of the allegation of unfair determination of mental disorder in sentencing of the summary of the grounds for appeal, it is recognized that the defendant had undergone brain surgery and hospitalized treatment due to surgery due to the depression of trauma, etc., and that he was under the influence of alcohol at the time of each of the instant crimes
However, in light of the background of the crime, the means and method of the crime, the circumstances after the crime, the reputation of the defendant, etc., the defendant does not seem to have reached a state where the defendant had no or weak ability to discern things or make decisions due to the above circumstances at the time of the crime.
Therefore, the defendant's above assertion is without merit.
The judgment of the court below on the wrongful assertion of sentencing determined the sentence by considering the circumstances favorable to the recognition of the crime, in light of the fact that there are many persons who have been sentenced to punishment for the same kind and different types of crime, the fact that there are no efforts to recover damage, the health is not good, and the fact that the crime is recognized.
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
Although the Defendant’s assertion on the grounds of appeal is not sufficient to health, such as undergoing brain surgery, and that he/she does not commit a crime in a planned manner, such sentencing conditions are already considered in the original trial, and the sentencing conditions have been significantly changed in the first instance trial.
It is difficult to see it.
In addition, each of the crimes of this case committed during the period of repeated crime as long as it was committed after release, the damage was not completely recovered until the depth of the party, and the scope of the punishment recommended in the sentencing guidelines [the scope of the final sentence due to the increase of multiple crimes: April 1 to February 1; 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1..... 1. 1.....