A. At the time of each of the instant crimes, the Defendant had mental and physical weakness due to mental illness, such as depression and shock disorder, etc.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the fact that the Defendant received a diagnosis of depression disorder, etc. and received continuous medical treatment until the time of each of the crimes in this case can be acknowledged.

However, in full view of the motive and background leading up to each of the crimes of this case, method and manner of committing each of the crimes, the contents and attitude of investigative agencies and the court below and the court below, and the circumstances after committing each of the crimes of this case, which can be known by the evidence duly adopted and investigated by the court below, the defendant was in a state where the defendant lacks the ability to discern things or make decisions.

shall not be required to do so.

In addition, Article 10 (2) of the Criminal Code, which was amended by Act No. 15982 on December 18, 2018, was enforced, can reduce the punishment for the act of a person who lacks the ability to discern things or make decisions due to mental or physical disorder.

“The Defendant was in a state of mental and physical weakness at the time of committing each of the instant crimes.”

Even if punishment can be voluntarily mitigated, there is an error of law that affected the conclusion of the judgment on the sole ground that the court below did not have any legal mitigation due to mental and physical weakness against the defendant.

shall not be effective.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful argument of sentencing, the Defendant recognized all of the crimes of this case and expressed an attitude against his mistake.

Defendant did not reach a state of mental and physical weakness.

Even if there is a little unstable psychological state due to mental illness such as depression, it seems to have committed the special injury of this case by contingency.

The defendant is guilty of special bodily injury.