A. The Defendant, at the time of the instant case, was unable to commit a crime with extreme stress, etc. due to economic depression, etc., and led to the Defendant to avoid committing a crime under the circumstances where the Defendant was unable to discern things or make decisions due to lack of ability to discern things.

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

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical weakness, it is recognized that at the time of committing the crime, the Defendant was a spouse and has been married for less than six months after the birth, and the Defendant, who was directed to his living environment, committed a somewhat contingent crime.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the method and method of the instant crime, the circumstances before and after the commission of the crime, and the fact that the Defendant committed the instant crime of taking money and valuables by taking the Defendant’s personal convenience in the late night-time, with excessive possession of the Defendant’s money and valuables, etc., the Defendant was in a state which lacks the ability to distinguish things or make decisions at the time of the commission of the crime.

Therefore, the above argument is rejected.

B. The circumstance favorable to the Defendant is that the Defendant appears to have the attitude of recognizing and reflecting the depth of the offense, that there was no record of punishment for the same kind of crime, and that the victim and the convenience store owners and the convenience store owners have agreed smoothly.

However, the crime of this case is an unfavorable circumstance to the defendant, such as preparing excessive amount of goods that the defendant is dangerous, making a physical color of the object of the crime, taking cash over the excessive amount after threatening the victim, and taking the crime into consideration the nature and circumstances of the crime, and committing the crime of this case without being aware of the fact that the defendant committed the crime of this case even though he is a repeated offense period.

In addition to the above circumstances, the defendant's age, career, environment, family relationship, circumstances surrounding the crime, and the crime committed.