A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the records of this case’s assertion of mental and physical weakness, it is recognized that the Defendant was suffering from pinson’s disease at the time of the instant crime, but in light of various circumstances, such as the process, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, the Defendant was in the state of lacking ability to discern things or make decisions due to shock disorder that occurred during the treatment of the instant disease.

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

B. In full view of the various sentencing conditions indicated in the records and arguments of the instant crime, including the fact that the Defendant had the history of having been punished for the same offense and the fact that there is no particular change in the sentencing conditions compared to the original judgment, the lower court’s punishment does not seem to be unfair, and thus, the Defendant’s allegation of unfair sentencing is without merit.

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.