The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Before committing the instant crime, the Defendant was detained in a mental hospital for several months, and even after being unclaimed at a mental hospital, the Defendant experienced conflicts with the mother who intends to send the Defendant again to a mental hospital and was under extreme stress. At the time of the instant crime, at the time of the instant crime, the Defendant was in a state of mental or physical loss or mental weakness due to such stress, etc.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following: (a) the lower court’s determination on the assertion of mental and physical loss or mental weakness is lawfully adopted and investigated by the evidence; (b) the Defendant’s situation at the time of the instant crime; and (c) the investigative agency’s attitude to make statements; and (d) it cannot be deemed that the Defendant did not have or lacks the ability to discern things due to extreme stress, etc.

B. The Defendant’s erroneous determination of the illegal assertion of sentencing is recognized and contradictory to his/her own mistake, and the sentence of one-year period for which the suspended sentence finalized on October 9, 2014 is invalidated and postponed is to be imposed.

However, the Defendant committed the instant crime again during the suspension of execution and protection observation period for the crime of the violation of the Toxic Chemicals Control Act (hesting of hallucinogenic substances) as well as two previous criminal records and several criminal records for the same crime, and there is a need to strictly regulate the Sentencing Guidelines established by the Sentencing Committee (Jest between August and January 6), since the intake of hallucinogenic substances is not only detrimental to the principal’s health but also is highly likely to cause other crimes in the state of decipation. The lower court’s sentencing guidelines established by the Sentencing Committee (decision of types / [Special Sentencing] types 1 [Special Sentencing Guidelines] of the same type (person subject to suspended execution within three years) - the aggravated element [the scope of recommending punishment] - the aggravated element [the scope of punishment] of imprisonment with prison labor for eight months or one year.