The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as a mentally handicapped person, committed the instant crime under the state of loss of mental or physical health or mental weakness due to the above disability at the early stage where he suffers from the mental or physical disability.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant is deemed to have a disabled person of Grade III, in light of the course and process of the crime in this case, means and methods, the defendant's behavior before and after the crime in this case, the defendant had no or weak ability to discern things at the time of the crime in this case.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. Determination of the unjust assertion of sentencing is the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and divided his mistake, the fact that the Defendant was the disabled of class 3 with delay, and the fact that all the damaged items were returned to the victim.

On the other hand, the fact that the defendant committed the crime of this case in addition to the period of repeated crime, and did not agree with the victim is disadvantageous to the defendant, even though he had a record of juvenile protective disposition, suspension of imprisonment, suspension of execution of imprisonment, or punishment of imprisonment for the same crime several times.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

Therefore, the defendant's above 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.