The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles and unreasonable sentencing)

A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disability.

B. The punishment (fine 2 million won) sentenced by the court below is too unreasonable.

2. In full view of the background and process of the instant crime, the Defendant’s behavior before and after the instant crime, etc. acknowledged by the record as to the assertion of mistake of facts or misapprehension of legal principles, it does not seem that the Defendant had any mental or physical disorder up to the extent of mental or physical disorder at the time of the instant crime (see, e.g., Supreme Court Decision 200Do3548, Feb. 27, 2006; Supreme Court Decision 25Do329, Feb. 27, 2006; Supreme Court Decision 200Do3134, Feb. 27, 2006; Supreme Court Decision 2005Do348, Feb. 25, 2006; Supreme Court Decision 2006Do3148, Feb. 28, 2006; Supreme Court Decision 2006Do3

3. The total amount of damage caused by the instant crime is less than 25,900 won, on the argument of unfair sentencing.

The damage caused by the crime of this case seems to have been fully recovered as the defendant was arrested at the scene of the crime.

The Defendant recognized the instant crime to cooperate with the investigation.

It seems that the mental state of the defendant is not good.

However, on May 18, 2018, the Defendant committed the instant crime even though he/she was under probation after having been sentenced to two years of imprisonment with prison labor for larceny for a period of four months and the judgment became final and conclusive on May 26, 2018.

The victim is trying to punish the defendant.

The defendant has a past record of criminal punishment for 14 times (two times of suspended execution of imprisonment, and 12 times of fine) and one time of such sentence (one time of suspended execution of imprisonment, and nine times of fine) of this case.