At the time of committing the instant crime, the Defendant was in a state of having no or weak ability to discern things or make decisions due to mental illness, such as summons, etc.

The court below's sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant received medical treatment from around April 2012 due to mental illness, such as summons, depression, alcohol dependence, etc. is recognized as having been hospitalized in H Hospital due to alcohol dependence, etc., from April 2, 2014 to April 16, 2014, but the Defendant’s memory ability is clear and well-known or well-known and well-known ability or judgment ability even if the Defendant’s statement in the lower court and in this court and in the investigative agency’s statement were given, and the Defendant’s statement in the lower court and in light of the following factors: (a) the Defendant’s behavior and expression, emotional condition, circumstance of the crime at the time of the instant crime; and (b) the Defendant did not have the ability to discern things or make decisions

Since it does not seem that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

It is advantageous to the fact that the defendant's decision on the argument of unfair sentencing recognizes his mistake and that 300,000 won has been paid to the victim.

However, considering the fact that the Defendant, including the punishment, has been punished for the same kind of crime, the fact that the Defendant was an offense during the repeated crime period is disadvantageous, and the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, various sentencing conditions as shown in the argument in the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and environment, etc., the Defendant’

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.