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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to mental illness such as a bipolartic disorder, dependence on alcohol use, etc.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the claim of mental disability, the defendant was diagnosed as sick person such as the dependence on alcohol use before and after the crime of this case, stimulative disorder, and stimulative disorder, etc., but it is recognized that the contents of the crime of this case were provided with entertainment in a female entertainment loan without the ability or intent to pay compensation, and thus, it is difficult to view that the breactic disorder has a direct impact on the judgment on the defendant's ability to repay and decision on his ability to pay. In light of the circumstances leading to the crime of this case, the defendant's behavior, statement, attitude, etc. before and after the crime of this case, it is difficult to view that the defendant had a weak ability to distinguish things or make decisions at the time of each crime of this case due to the symptoms of this case. Thus, the above assertion by the defendant is not acceptable.
B. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the argument of unfair sentencing, there exists an area unique to the first instance court concerning the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(Supreme Court Decision 2015Do3260 Decided July 23, 2015). We examine the following: (a) the Defendant recognized all of the instant crimes and reflects on the Defendant; (b) the total amount of damage is relatively small to KRW 550,00; and (c) the Defendant released the instant crime.