A. The Defendant, a mental or physical weak, committed the instant crime under the influence of mental or physical weakness due to depression, etc.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 400,000) is too unreasonable.

2. Determination

A. In light of the fact that the Defendant suffered from a public disorder with respect to the assertion of mental and physical weakness, even though it is recognized that the Defendant was suffering from a public disorder, in light of the fact that the Defendant was investigated by the police more than two hours after the occurrence of the instant case and specifically stated the reason, method, circumstance, etc. of the instant crime, the Defendant had no or weak ability to discern things at the time of the instant crime.

shall not be determined.

B. In light of the fact that the Defendant suffered from a yellow disorder with regard to the unfair argument of sentencing, and that the victim has agreed with the court below, it appears that the court below had already rendered a minor sentence more than the summary order (700,000 won) in consideration of the above circumstances, and that there was no change in the sentencing conditions compared with the court below since new sentencing data was not submitted in the court below, the court below’s sentence was too unreasonable and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

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.