The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental or physical weakness suffers from shock disorder due to the influence of domestic violence that was inflicted on the Defendant at the time of birth, and the instant crime was committed under the state of mental or physical weakness due to shock disorder.

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

2. Determination

A. In full view of the details and contents of the instant crime committed by the evidence duly admitted by the court of the original instance by the Defendant’s assertion of mental and physical weakness, and the overall circumstances before and after the instant crime, the Defendant had weak ability to discern things or make decisions.

The Defendant’s medical certificate (Evidence No. 1) submitted by the Defendant is not determined by the purport that “The Defendant stated to around January 27, 2014 that “the Defendant had been under the diagnosis of impulse disorder, etc. from around November 2013 to around the diagnosis of impulse disorder, etc.” was in a state of mental and physical weakness due to shock disorder at the time of the instant crime only by the diagnosis.

It is difficult to see it.

This part of the defendant's assertion is not accepted.

B. 1) In the event that there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence without any difference between the first instance court and the lower court solely on the ground that the first instance court’s sentencing differs from the view of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) The lower court considered various circumstances revealed in the following: (a) the nature of the crime is not good; (b) the degree of injury is not good; (c) the fact that the crime is a repeated crime during the same period of time; (d) the fact that the victim has agreed with the victim; and (e) the Defendant’s age, sex, background, family relationship, motive and consequence of the crime; and (e) the records and changes revealed after the crime.