A. At the time of committing the instant crime, the Defendant was in a state of having the ability to discern things, lose the ability to make decisions, or lack the ability to do so, due to mental illness, such as related circumstances.

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

2. Determination

A. In light of various circumstances, such as the background of the instant crime, method of crime, Defendant’s speech before and after the instant crime, Defendant’s attitude to make a statement in an investigative agency, etc., which are acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it is not recognized that the Defendant was unable to discern things or make a decision due to mental illness at the time of the instant case, or was in lack of such ability.

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

B. It is recognized that the Defendant recognized the instant crime and against his mistake, and that the Defendant was assaulted by the victim of India, and that the instant crime ought to consider equity with the case of concurrent crimes with the case of a group of concurrent crimes after Article 37 of the Criminal Act with regard to which the judgment of the lower court became final and conclusive.

However, the crime of this case was committed by the victim and the victim in the same room who was detained in the detention center of the defendant, due to the following reasons: (a) the victim's head collection of the victim, (b) the victim's face was supposed or supposed; (c) the victim's face was supposed; and (d) the crime was committed against the victim; (b) the crime was not committed in light of the contents and circumstances of the crime; (c) the defendant did not receive a letter from the victim; (d) the defendant had a number of records of criminal punishment, including the criminal records of identical violence; and (e) the defendant's age, career, sexual behavior, environment, motive and background of the