The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, etc.

B. The sentence of an unreasonable sentencing (three years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, the Defendant did not have the ability to discern things or make decisions due to depression, etc. at the time of committing the instant crime.

Therefore, the judgment of the court below to the same purport is just, and the defendant's assertion disputing this point is without merit.

1) As a result of the mental evaluation of the Defendant in the trial against the Defendant, the author expressed the view that “The emotional state of the Defendant is a eromatic state, which shows the depression.” “The process of the accident was relatively adequate and reasonable, and does not seem to have any unrealistic accident, such as a systematic network or related accident,” and “the judgment power is a sound figure.” 2) The author expressed that “the present mental state of the Defendant is a eromatic patient, which appears to have a eromatic disorder, which is not a mental disorder, which is not a mental state. It is presumed that at the time of the instant crime, it was presumed that there was no impediment to the ability to discern things or make decisions.”

3 With respect to the circumstances leading up to the instant crime, the Defendant committed the instant crime by the police, and the Defendant “at the time of the instant crime, the amount of KRW 20 million was caused by the second financial right, but only KRW 5 million interest, which was accumulated due to the failure to pay interest for a few months.

The day when the crime was committed was the day on which the interest was paid, but the interest was not paid at the time, and the money was entered the remaining house of the preceding day.