The defendant's appeal is dismissed.

1. The lower court rejected the applicant B’s application for compensation.

Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that an applicant for compensation may not file an objection against the judgment dismissing an application for compensation. Therefore, the part dismissing an application for compensation among the judgment of the court below is immediately determined and excluded from the scope of adjudication of the court

2. Summary of reasons for appeal;

A. At the time of the instant crime, the Defendant was in a state of lacking ability to discern things or make decisions, such as having failed to properly distinguish the circumstances and circumstances due to serious game addiction, depression, adult type ADD, shock disorder, shock control disorder, etc.

B. The sentence sentenced by the first instance court (a prison term of three years and six months, confiscation) is too unreasonable.

3. The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental disorder is a biological factor and needs to be judged to be lacking or reduced in the ability to discern things due to psychological disorder other than mental disorder such as mental disorder or abnormal mental condition. Thus, even if a person with mental disorder is a person with mental disorder, if he/she had the ability to discern things or control action at the time of committing the crime, he/she cannot be deemed a mental disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007). According to the records, the defendant's early deliberation and evaluation on August 8, 2017, where he/she complained of the reduction of concentration, degree of disability, and degree of physical disorder, and the result of his/her early deliberation and evaluation at K, and in particular, he/she controls it through cognitive lectures, but in particular, emotional disorder, although he/she has an irregular mental disorder, it is determined that the defendant was suffering from emotional distress and experience, and that the defendant was suffering from emotional disorder and experience.