A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to depression, shock disorder, etc.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental or physical disorder, it is recognized that the Defendant was diagnosed by an unidentified person due to symptoms such as shock, emotional instability, difficulty in over decentralization, aggressiveness, etc., and that he was diagnosed by an unidentified person in detail, and that he was under hospitalized treatment around 2007 due to the difficulty in decentralization adjustment, etc., and that he was under hospitalized treatment and interview treatment at the J Hospital from October 30 to May 11, 2016, etc.

However, the mental disorder stipulated in Article 10 of the Criminal Act is a biological element, and needs to be determined as lacking or reduced in the ability to discern things from mental disorder and the ability to control action accordingly, as a psychological element, other than mental disorder such as mental disorder or abnormal mental condition. Thus, even if a person with mental disorder is a person with normal mental disorder or ability to control action at the time of committing the crime, he cannot be seen as a mental disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007). In full view of the circumstances, means and methods of each of the crimes of this case, known by the evidence duly adopted and investigated by the court below, the behavior of the defendant before and after the crime, the attitude of the defendant at the court below and the court court court, and the circumstance and situation before and after each of the crimes of this case, the defendant cannot be seen as having lacks the ability to distinguish things or to control action due to depression, shock disorder, etc. at the time of each of the crimes of this case.

Therefore, the defendant's above assertion is without merit.

B. Determination on the assertion of unfair sentencing