The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions due to depression, depression, influence, and depression disorder.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, the defendant received a mental treatment from January 16, 2019 due to a stimulative disorder, a middle-class depression, and a stimulious stimulosis, etc. before the crime of this case. Although it is recognized that the defendant had been continuously treated before the crime of this case, the defendant had been given a prescription, it is difficult to view that the defendant had a weak ability to distinguish things or make decisions due to the above mental disorder at the time of the crime of this case, considering such circumstances, in light of the background, means and methods of the crime of this case, the defendant's attitude and behavior before and after the crime of this case, and the circumstances after the crime of this case, which can be recognized by the evidence duly adopted and investigated by the court below.

Therefore, this part of the defendant's argument is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, the sentencing conditions set forth by the court below include all the sentencing factors shown in the arguments of this case, including the defendant's age, character and conduct, environment, criminal records, the circumstances and motive leading to the crime of this case, and the circumstances before and after the crime.