A. At the time of committing each of the instant crimes, the Defendant was in a mental and physical state under the influence of taking advantage of the spirit and therapy of depression and under the influence of alcohol.

B. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental and physical disorder, the defendant suffers from both polar disorder and uneasiness, and some alcohols are recognized at the time of partial crime.

However, in light of the developments, means and methods of each of the instant crimes, the behavior of the Defendant after the crime, and the fact that the Defendant stated in a police investigation to a certain extent at the time of the instant crime, etc., the Defendant, at the time of each of the instant crimes, was in a state that the Defendant had no or weak ability to discern things or make decisions due to the effects of mental therapy or under the influence of alcohol.

does not appear.

Therefore, the defendant's mental disorder is without merit.

B. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented trial-oriented principle and the principle of direct determination of the unfair argument of sentencing exists in the sentencing determination, and the fact that there is an area unique to the first instance court’s ex post facto nature of the appellate court, etc., it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Each of the crimes of this case is recognized by the Defendant, and all of the damage was returned, the damage was returned, the fact that the Defendant agreed with some victims, and the Defendant was economically difficult without his/her family. However, even if it was not limited to the physical and mental weakness, it is favorable for the Defendant.

However, the punishment determined by the court below is considered to be all favorable circumstances.