A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, uneasiness, and disability on the water surface.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the defendant can be found to have taken advantage of the fact that he/she was imprisoned by having prescribed two copies in the Ansan prison.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions due to the depression, apprehension disorder, etc. alleged by the Defendant at the time of the instant crime.

shall not be deemed to exist.

The defendant's mental and physical weak argument is rejected.

B. After the judgment of the court below on the unfair argument of sentencing, the fact that the defendant deposited KRW 100,000 for the victim F is a change in circumstances favorable to the defendant.

However, considering the overall circumstances asserted by the Defendant on the grounds of appeal including changes in the circumstances favorable to the Defendant, the lower court’s sentence cannot be deemed unfair, without examining the following factors: (a) on the basis of the records of this case and the changed reasoning of the judgment of the lower court.

We do not accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.