A. At the time of committing each of the instant crimes with mental and physical weakness, the Defendant was in a state of mental and physical weakness, and thus, the Defendant’s punishment should be mitigated.

B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental or physical weakness, the mental or physical disorder as stipulated in Article 10 of the Criminal Act is a biological element, and needs to be judged to be lacking or reduced in the ability to discern things due to such mental disorder, other than mental disorder such as mental disorder or abnormal mental condition. Thus, even if a person with mental disorder is a person with mental disability, if he/she had normal ability to discern things or control action at the time of committing the crime, he/she cannot be deemed a mental or physical disorder (see, e.g., Supreme Court Decisions 92Do1425, Aug. 18, 1992; 2006Do7900, Feb. 8, 2007). The Defendant has already asserted to the effect that he/she is not aware of mental or physical weakness as alleged by the Defendant’s investigative agency. In light of the content and process of each of the instant crimes, method and method, Defendant’s behavior before and after the crime, Defendant’s attitude after the crime, and the Defendant’s attitude at the investigative agency, etc.

Accordingly, the defendant's above assertion was rejected.

Examining the above circumstances and the evidence adopted by the court below and the following circumstances revealed through the records of this case, the above judgment of the court below is just. The judgment of the court below is not affected by the above judgment of the court below, and the defendant's disability diagnosis certificate, disabled person certificate, diagnosis certificate, medical record book, and witness AE's witness AE's oral statement does not affect the above judgment.

The defendant's mental and physical weak argument is without merit.

(1) When the crime specified in paragraph (1) of the original judgment is committed.