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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of lacking or lacking the ability to discern things or make decisions.
B. The sentence of imprisonment (four months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. We examine the argument about mental disorder. In light of the background leading to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant had weak or lost the ability to discern things or make decisions at the time of the crime. Thus, this part of the Defendant’s assertion is without merit.
B. Although there are favorable circumstances, such as the fact that the defendant recognized his mistake and speaks against the judgment of unfair sentencing, theft, etc. for which the judgment became final and conclusive, and the equality in the case where the crime of this case was adjudicated at the same time, these circumstances appear to have been considered in the court below, and there was no change in circumstances in the trial. Meanwhile, the crime of this case does not change in the nature of the crime in light of the type of crime, etc., and the defendant did not reach an agreement with the victim up to the trial, and the defendant committed the crime of this case without being aware of the history of punishment for the same crime several times, and the defendant committed the crime of this case without being able to do so during the period of repeated offense, and taking into account the motive and background leading up to the crime of this case, circumstances after the crime, and other various sentencing conditions indicated in the records, such as the defendant's age, character and character, etc., the defendant's allegation in this part 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 ground that it is without merit. It is so decided as per Disposition.