A. At the time of the instant case, the Defendant was in a state of weak ability to discern things or make decisions due to mental illness, such as a sternal disease, etc.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant could be found to have received a mental treatment in an irregular manner from about five years to the date of his or her unknown injury, etc. However, in light of the background, means and methods of each of the crimes of this case, the defendant's behavior before and after the crime, etc., which are acknowledged by the evidence of this case, it is not sufficient to recognize that the defendant received mental treatment as above, solely based on the fact that he or she received medical treatment, was incapable of distinguishing things or making decisions with mental illness at the time of each of the crimes of this case

Therefore, the defendant's above assertion is not accepted.

B. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). Defendant shows the attitude of recognizing and reflecting each of the instant crimes. It is recognized that there was no particular criminal history other than a fine imposed twice prior to the instant case, but there was no other criminal history. On the other hand, each of the instant crimes is not good in light of the circumstance, contents, etc. that each of the instant crimes interfere with business by doing an act that displeasure many people without any justifiable reason, and the Defendant is urged from the victims.