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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant committed a crime in a state of mental disorder, where the mental and physical disorder lacks the ability to discern things or make decisions due to mental and physical disorder.
B. The sentence imposed by the court below (four months of imprisonment) is too unreasonable considering the following: (a) the fact that the criminal defendant committed a contingent crime, (b) the economic situation is not good, and (c) the criminal records are only limited to one time, etc., that the sentence imposed by the court below is too unreasonable.
2. Determination:
A. In light of the fact that there is no evidence supporting that the Defendant was drunk at the time of the crime, even if the Defendant had a mental disorder at the time of the crime, considering that the Defendant voluntarily stated to the effect that there were many persons who committed violent crimes in the past, even if the Defendant had a mental disorder at the time of the crime, the mitigation of punishment for the instant crime would not be possible pursuant to Article 10(3) of the Criminal Act, the Defendant’s allegation in this part is without merit.
B. The fact that there are more than 30 criminal records of the defendant with regard to the judgment on the unfair argument of sentencing. The crime of this case is a violent crime against older women who are the weak compared to the defendant, and the nature of the crime is particularly bad, even though damage is considerable, there is no trace of the defendant's efforts to recover it. The defendant does not seem to be seriously against the defendant, such as the defendant's full refusal of the crime or criticism of the victim merely through doping, and it does not seem that the defendant's full refusal of the crime or criticism, etc. In addition, considering all the sentencing conditions of this case, such as the defendant's age, character and behavior, motive and consequence of the crime, and circumstances after the crime, even if considering the circumstances asserted by the defendant on the grounds of appeal, this part of the defendant's assertion is justified.