A mentally ill-minded defendant has committed the instant crime in a state of mental disability with depression, etc.

The punishment sentenced by the court below on unreasonable sentencing (10 months of imprisonment, confiscation, collection 42,840 won) is too unreasonable.

Judgment

According to the evidence of mental and physical disability claim, although the defendant was suffering from depression at the time of the crime, considering the background leading up to the crime of this case, the method and method of the crime, the defendant's behavior before and after the crime, etc., which can be recognized by the evidence duly adopted and investigated by the court below, it does not seem that the defendant had the ability to discern things or make decisions at the time of the crime.

Therefore, this part of the defendant's assertion is rejected.

There are extenuating circumstances to consider the sentencing in favor of the defendant, such as the fact that the defendant acknowledges and reflects the criminal act, the mother's health status is not good, and the defendant's father is married to the defendant and leading the defendant.

However, considering various sentencing conditions, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, in light of the fact that the Defendant again committed the crime of this case during the period of repeated crime due to the same crime, the amount of marijuana handled and the frequency of the crime of this case, and other factors such as age, environment, motive, means and consequence of the crime, etc.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.