The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disorder because he was excessively recovered from the exemption at the time of the instant case.

B. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, the fact that the defendant was at the time of committing the instant crime was at the state of taking the exemption.

However, in light of various circumstances acknowledged by the evidence examined by the court below, such as the background leading up to the crime, the means and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to the use of force immunity at the time of the crime.

It does not seem that there was any or weak state.

Therefore, the defendant's above argument about mental disorder cannot be accepted.

B. The Defendant recognized the instant crime and expressed his attitude to repent of his mistake on the assertion of unfair sentencing.

In addition, the defendant has lost self-defense while taking a hand-off exemption at the time, and committed the crime of this case contingently.

In addition, since the defendant died in 2013, the fact that he lives outside of the rental apartment as alone after he died of his mother in 2013, the fact that the state of health is not good due to vertebrate attachment, and the fact that the beneficiary of basic living benefits is economically difficult is considered in favor of the defendant.

However, the crime of this case is that the defendant inhaled carbon gas, which is a hallucinogenic substance, after eating exempted water in advance, in the liquid carbon gas tank, and the illegality of the act is not weak.

Moreover, the Defendant has been sentenced to three times of punishment only by the same crime prior to the instant crime, and was sentenced to one fine, most of all, the Defendant committed the same crime on the street on February 12, 2015.