The defendant's appeal is dismissed.

Despite the fact that the Defendant was physically and mentally weak at the time of committing the instant crime, the lower court erred by failing to reduce the physical and mental weakness.

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

Judgment

As to the argument of mental and physical weakness, the Defendant had already asserted to the same effect as the argument of mental and physical weakness, and the lower court rejected the Defendant’s argument on the grounds as indicated in its reasoning. In light of the records of this case, the lower court’s decision is sufficiently acceptable as just.

The defendant's mental and physical weak argument is without merit.

In full view of the circumstances such as the favorable circumstances and unfavorable circumstances of the defendant, which the court below explained on the ground of sentencing, and the fact that the defendant had been punished several times for the same kind of crime, and the crime of this case was committed during the period of repeated crime after the defendant completed the execution of punishment for the same kind of crime, and all of the conditions of sentencing as indicated in the arguments and records of this case, it is not recognized that the sentence of the court below is unfair because it is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

Therefore, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is evident that the phrase “relevant Article 329 of the Criminal Procedure Act” was omitted at the end of the phrase “Article 329 of the Criminal Procedure Act” among the application of the law of the judgment below, it is corrected to add it ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure