A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to the so-called “mental division disease” (hereinafter “mental division”).

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, the defendant was diagnosed on April 7, 201 and was judged at Grade III mental disorder on March 20, 2014. The defendant is recognized as having received treatment under the above type of disease before and after the crime of this case, but it is not deemed that the defendant did not have the ability to discern things or make decisions, or that the defendant did not have the ability to change things, and thus, the defendant's assertion of mental disorder is without merit.

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below regarding the unfair argument of sentencing, and considering the conditions of sentencing as indicated in the records and changes of the case, even considering the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

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.