The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental and physical weakness suffered from stimulative disorder. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness by drinking.

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

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical weakness, the Defendant suffered from the depression disorder at the time of each of the instant crimes, but in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to the polar disorder and drinking at the time of the instant crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime.

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

B. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty, and the discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260 decided July 23, 2015, etc.). The Defendant is in the course of sentencing at the trial.