The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disorder having no or weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, the defendant was hospitalized in the F Hospital from September 6, 2007 to September 27, 2007, with the dependence on alcohol use on September 27, 2007, and the fact that the defendant was hospitalized in G Hospital from August 7, 2013, due to stimulative disorder, depression, etc. However, in light of the circumstances revealed by evidence duly adopted and investigated at the lower court, the circumstance before and after the instant crime, the defendant's act at the time of the instant crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions on October 8, 2012, which was at the time of the instant crime, and thus, the defendant's mental and physical disorder is not justified.

B. The Defendant’s decision on the assertion of unfair sentencing is against the Defendant’s attempt to commit the instant crime, and the Defendant did not have any criminal records exceeding the previous and fine, etc.; however, the amount obtained by the Defendant reaches KRW 38 million; the Defendant did not reach an agreement with the victim even up to the trial; and the Defendant did not completely recover from damage; and in light of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unfair, and thus, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.