Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental disorder due to depression, etc.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the background, means, and methods of each of the instant crimes, the Defendant’s act before and after the commission of the crime, etc., which are acknowledged by the record as to the assertion of mental and physical disorder, it does not seem that the Defendant had lost or weak ability to discern things and make decisions at the time. Therefore, the Defendant’
B. There is no new special circumstance or change in circumstances that can be reflected in the sentencing of the defendant after the decision of the court below on the assertion of unfair sentencing is rendered.
If the court below’s sentencing factors, such as the Defendant’s age, character and conduct, and environment, are compared to the reasons for sentencing, the Defendant’s assertion is not accepted, since the lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
(Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 327 of the Criminal Act shall be amended ex officio by correcting "Article 329 of the Criminal Act" in the second paragraph 20 of the judgment of the court below to "Article 3