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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 suffering from depression, etc., and was in a state of mental and physical weakness.
B. The sentence of the lower court’s unfair sentencing (two years of imprisonment and return) is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical weakness, even though the defendant is recognized as suffering from mixed uneasiness, depression disorder, and uneasible disorder, in light of the background leading up to the crime, the method of the crime, the time of the crime, and the following circumstances, etc., the defendant cannot be deemed to have reached a state where the defendant lacks the ability to discern things or make decisions due to the above disease at the time of the crime in this case.
Therefore, the defendant's mental and physical weak argument is without merit.
B. The Defendant, in-depthly opposed to the instant crime and agreed with some victims on the determination of the unfair argument of sentencing.
It is recognized that the mental health of the defendant is not good.
However, the defendant was sentenced to two years of imprisonment due to habitual larceny and did not have been sentenced to three months of the completion of the execution of the sentence, and the defendant committed the crime of this case.
In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unlimited and it is deemed unfair. Thus, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.