The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak to discern things or make decisions due to lack of nutrition due to long-term disciplinary action, wearing protective gear, etc. in prison life and mental problems.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. According to the record of the instant case’s determination on the assertion of mental and physical weakness, the Defendant was diagnosed with respect to alcohol alcohol and non-explosion around November 2014; the Defendant was treated with respect to alcohol and personality disorder around January 2015; the Defendant was diagnosed with respect to a re-explosion and personality disorder around April 2015; was diagnosed with a mixe and depression disorder around November 2015; and was diagnosed with a mixe and depression disorder around June 2016.

However, in light of various circumstances, such as the background and details of the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s statement at an investigative agency, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime. Therefore, the Defendant’s allegation is without merit.

B. The crime of this case in determining the illegality of sentencing is not likely to be a case that spits, spits, etc. a victim who is I in prison due to the reason that the crime of this case is not subject to the defendant's demand.

Defendant has a record of criminal punishment several times for violent crimes, and committed the instant crime without being able to do so in prison.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc., as well as various other circumstances revealed in the records and arguments, the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

any evaluation or maintenance thereof.