A. At the time of the instant crime, the Defendant was in a state of mental disability due to mental illness, such as unstable, bad faith disorder, arbitrariness, etc.

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

2. Determination

A. In full view of the background, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant had a mental disorder, such as stimulative disorder and stimulation, but it does not seem that the Defendant had a weak ability to discern things or make decisions, and the opinions presented by the defense counsel at the time of the instant crime do not change even when considering the content of the instant crime, the means and method, the Defendant’

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

B. The instant crime on the assertion of unfair sentencing is that the Defendant, who is serving as a social work personnel, fails to work at the workplace for at least eight days in total without justifiable grounds, leaving his duty, and the nature of the crime is not good. The Defendant, on April 18, 2018, was sentenced to the suspension of the execution of six months to a crime of violating the Military Service Act from the Jinwon District Court's Jinju branch on April 18, 2018, and the said judgment was finalized on April 26, 2018, and was still under the suspension of the execution, and it has not been long thereafter. The Defendant’s assertion on the grounds of unfair sentencing is still going against again. The circumstances alleged by the Defendant are already reflected in the sentencing process of the lower court and there are no special circumstances or changes in circumstances that may be considered in the trial. In full view of the Defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions indicated in the instant records and pleadings