A. At the time of preventing each of the instant crimes with mental disorder, the Defendant was physically and mentally weak.

B. The punishment of the lower court (one year of imprisonment, one year of forfeiture) is too unreasonable.

2. Determination

A. In full view of the following: (a) the process and process of committing a crime revealed by the evidence duly adopted and examined by the lower court; (b) the means and method of committing the crime; and (c) the Defendant’s act before and after the crime was committed; and (d) the Defendant was in a state of lacking ability to discern things or make decisions due to drinking or alcohol addiction;

shall not be deemed to exist.

The defendant's mental and physical weak argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair assertion of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that recognition of the crime is recognized and is against the nature of the crime, and the degree of injury to the victim is relatively excessive is favorable.

However, each of the crimes of this case was committed not only by the defendant threatening the victim with a knife, which is a deadly weapon, but also by destroying the victim's cell phone by leaving the victim's cell phone in the process. The nature of the crime was very poor and illegal, and the victim did not receive any use from the victim, and even after 200 years, there was a record of having been punished several times due to the crime of violence and the damage of property by exercising the force of the defendant.

In light of the above circumstances, the lower court did not change the sentencing conditions to be separately determined by the lower court on the grounds that the sentence was determined in consideration of the above circumstances, and the new sentencing materials have not been submitted in the trial.

The criminal history, age, and age of the defendant.