A. The Defendant, at the time of committing the instant crime, was in a state of temporary state of mental disorder, having been suffering from a state of heavy stress and anti-competitive depression.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, in light of the background leading up to the Defendant’s crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to the use of medicine at the time of the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion on unreasonable sentencing, the crime of this case is deemed to be adequate in full view of the following: (a) the principal of the Defendant was aground in the detention house; and (b) the principal of the offense was committed again in the course of the investigation; and (c) the nature of the offense was serious; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (e) the circumstances before and after the commission of the offense.