The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of facts and the Defendant did not interfere with the victim’s restaurant business due to the following acts: (a) the Defendant had committed the instant crime even if he/she committed the instant crime; and (b) the Defendant committed the instant crime.

Even at that time, there was a physical and mental weakness due to the main and subpolar disorder at that time.

B. Sentencing 1 Sentencing 200,000,000 won, which is too unreasonable.

2. Determination

가. 사실 오인 및 심신장애 주장에 대하여 1) 제 1 심이 적법하게 채택하여 조사한 증거들을 종합하면, 피고인이 제 1 심 판시 기재와 같이 피해자 C에게 가위를 겨눴고, 발로 유리 문을 걷어차면서 소리를 지르는 등으로 식당 업무를 방해한 사실이 인정되는 바, 피고인의 사실 오인 주장은 받아들일 수 없다.

2) In addition, according to the records, although the defendant is suspected of suffering from mental illness, in light of various circumstances, such as the content of the crime in this case, the background or means and methods of the crime, and circumstances after the crime, etc., the defendant was in a state that he lacks the ability to obstruct right and wrong, or make a decision, due to his mental illness at the time of the crime in this case.

Since it is not visible, the defendant's mental and physical weak argument is without merit.

B. Although there is no degree of damage to the illegal assertion of sentencing, and there is no favorable circumstance for the defendant, such as that the defendant was already subject to punishment several times including fine and suspension of execution due to the same crime, there is no change of circumstance that should change the punishment in the circumstances unfavorable to the defendant, and all the circumstances that form the conditions for the sentencing as indicated in the instant records and the changed theories, including the defendant's age, sexual conduct, motive, means and consequence of the crime, and the situation after the crime, etc., the first sentencing deliberation on the defendant is conducted.