A. The Defendant, at the time of committing the instant crime, was in the state of mental and physical disability or mental disability due to the fact that he was in the state of mental and physical disability by taking a impule drugs for treatment, such as depression, etc., and having received a refund due to depression, etc.

B. The sentence imposed by the first instance court of unfair sentencing ( Imprisonment with prison labor, three years and six months and confiscation) is too unreasonable.

2. Determination

A. As to the allegation of mental disorder, the Defendant asserted the same purport as the reasons for appeal in the first instance court, and the first instance court rejected the above argument in detail with the explanation of the Defendant’s argument and its decision in the written judgment as “judgment on the Defendant’s argument”. In comparison with the records, the first instance court’s decision is just and acceptable, and this part of the Defendant’s argument is without merit.

B. As to the assertion of unfair sentencing, the Defendant recognized all of the instant crimes as favorable factors for sentencing, such as the fact that the Defendant is against his own will and agreed with some victims.

However, even though the defendant has already been sentenced to imprisonment with prison labor on several occasions due to habitual larceny, etc., it is also recognized that the defendant committed the crime of this case under the same veterinary act again during the period of repeated crime, etc.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.