A. The Defendant, at the time of committing the instant crime, was in a state of mental disability due to stimulative disorder, etc.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental disorder claim, the Defendant appears to have suffered from mental illness due to polar disorder at the time of the instant crime.

However, in light of various circumstances, such as the background leading up to the instant crime, the means and method of the instant crime, and the conduct before and after the instant crime, the Defendant does not seem to have reached a weak level of ability to discern things or make decisions due to mental illness at the time of the instant crime.

Therefore, the defendant's argument of mental disability cannot be accepted.

3. In a case where there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the Defendant’s assertion of unfair sentencing, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the court of first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the court of first instance on the sole ground that it is somewhat different from the opinion of the court of appeal

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime as a substitute and reflects the wrongness; (b) the degree of injury suffered by the victim is not severe; and (c) the mental illness suffered by the Defendant appears to have been a cause for the instant crime.

On the other hand, in light of the background and method of the crime, there is no punishment for the crime, and there is a history of punishment for the same crime several times, and the punishment for imprisonment for the crime on the other hand has been imposed.