A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to the shock control disorder.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, although the defendant had been receiving medical treatment due to a remaining mental fission, in light of the background leading up to the crime, method of the crime, the time of the crime and the subsequent circumstances, etc., the defendant was in a state that the defendant lacks the ability to discern things or make decisions at the time of the crime in this case.

does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The fact that the defendant is against the crime of this case, and the crime of this case in the judgment of the court below where the judgment of the court below became final and conclusive should consider the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to the crime of injury and the crime of this case in the latter part of Article 37 of the Criminal Act, etc., which are favorable to the defendant

However, in light of the above circumstances favorable to the defendant, the court below seems to have reduced the amount of fine under the summary order by considering the above circumstances, and there is no change in the sentencing conditions in the appellate court, and the crime of this case is a crime that disturbs correctional order in the confinement facility, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable, and thus, the defendant's assertion is groundless.

3. 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. It is so decided as per Disposition.