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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s defense counsel filed an appeal claiming mental and physical weakness and unfair sentencing with respect to the judgment of the court below, and explicitly asserted each of the grounds for appeal on the first trial date (the grounds for appeal submitted by the Defendant also indicate to the effect that the Defendant committed a crime under the mental and physical weakness). Although the written argument of this case was written to the effect that “the Defendant shall not assert any mental and physical weakness on the grounds of appeal,” the written argument that “after the conclusion of the argument of this case,” the written argument submitted by the Defendant was not clearly withdrawn from the trial date of the court of the first trial, it is deemed that the grounds for appeal for mental and physical weakness are maintained.
At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to mental illness such as early illness.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder and the evidence submitted by the defendant, it is acknowledged that the defendant had undergone mental treatment for a long time due to symptoms, such as Cho Jae-in. However, in light of the circumstances leading to the crime of this case, the specific method of crime, the defendant's behavior and attitude before and after the crime, and the contents of the written mental appraisal against the defendant submitted to the court of the court below, the defendant was in a state of lacking ability to discern things or make decisions due to mental illness such as Cho Byung-he at the time of the crime of this case
subsection (b) of this section.
Therefore, this part of the defendant's argument is without merit.
B. The Defendant recognized the instant crime, the amount of damage caused by the instant crime exceeds 270 million won, which is not a relatively large amount, and the Defendant’s income activities are not smooth due to mental illness, such as early illness.