A. The Defendant was mentally and physically deprived or physically weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and methods of committing the instant crime, and the circumstances before and after the instant crime, the Defendant had weak ability to discern things or make decisions due to mental and physical disorder at the time of committing the instant crime.

shall not be deemed to exist.

The defendant's mental and physical weak argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, the appellate court ought to respect the judgment of the first instance (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is recognized and against the instant crime.

The defendant seems to have committed the crime of this case in a drunken manner.

However, there are not less than 20 criminal records for the defendant, and the crime against the victim B is a crime during the period of repeated crime.

The victims were not recovered from their damage, and the Defendant was unable to receive a letter from the victims.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the commission of the crime, the sentence imposed by the lower court cannot be deemed to be unfair because it goes beyond the scope of reasonable discretion.

The defendant's argument of sentencing is without merit.

3. 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.