A. At the time of the crime of interference with and insult of the instant business, the Defendant was in a state of mental disorder or mental disorder.

B. The confession and rebuttal of unfair sentencing by the defendant, the fraud crime against the victim D is caused by the defendant's failure to understand the loan procedure well. The crime of obstruction of business and insult in this case was committed by contingently, the defendant agreed with the victim G who was the victim of obstruction of business in the party trial, the crime of fraud in this case must take into account the equity between the case of receiving the judgment and the case of receiving the judgment at the same time as the crime of injury which became final and conclusive, and the defendant's family relationship, living environment, etc. is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime of interference with business and insult, the details of the Defendant’s statement on this, etc. acknowledged by the record of judgment on the assertion of mental and physical disorder, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the crime, or under the lack of ability to discern things or make decisions. Thus, the Defendant’s argument about mental

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even when considering the circumstances agreed by the Defendant with the victim G of the crime interfering with business in the trial, the Defendant did not agree with the victims of the crime of fraud and insult; the background leading up to each of the crimes in this case; the details of the crime committed by the Defendant; and the criminal records of the Defendant.