The appeal is dismissed.

The defendant with mental disability was in a state that he lacks the ability to discern or make decisions with a large amount of drinking alcohol at the time when he or she lacks the ability to judge as a disabled person with mental disability of grade 2.

The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.

Judgment

According to the records on the assertion of mental disability, it is recognized that the Defendant was under the influence of mental illness and alcohol at the time of the instant crime, but, in light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement in a relatively small memory of the process of the crime, it is not recognized that the Defendant had the weak ability to discern things or make decisions at the time of

The defendant's above assertion is without merit.

The circumstances favorable to the defendant are that the defendant who made a judgment on the assertion of unfair sentencing confessions all of the crimes of this case and reflects them, and that the thief of this case did not have been punished against the defendant.

However, the Defendant’s act of violence, etc. that prevents the performance of duties of subway workers, etc. The Defendant had been sentenced to a fine or imprisonment on several occasions due to an act of violence, etc., and in particular, as long as the Defendant was sentenced to six months of imprisonment due to the same kind of crime, such as violation of the Railroad Safety Act and obstruction of performance of official duties, etc. on April 11, 2013, and completed the execution of the sentence, the Defendant committed the instant crime. In full view of all the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.

The defendant's above assertion is without merit.

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.