The defendant's appeal is dismissed.

1. The gist of grounds for appeal (the mental and physical weak and unfair sentencing);

A. At the time of the instant crime, the Defendant suffered from division disorder, and was in a state of weak mental and physical disorder by eating drugs with mental illness while drinking alcohol at the time of the instant crime.

B. The sentence of the lower court (one year of imprisonment, confiscation and surcharge 72,00 won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mental and physical weakness is recognized as having been suffering from a divided disorder, but in light of the motive, process, means and method resulting in the instant crime, the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions at the time of the instant crime due to such disease and drinking.

shall not be appointed by a person.

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

B. There are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the offense, the fact that the Defendant did not have the same criminal record, and the fact that the Defendant agreed with the victim of special larceny.

However, considering the fact that the Defendant committed the instant crime during the suspended execution period due to robbery, the number of times of smoking marijuana, and other various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the lower court’s sentence that sentenced the lower limit of the punishment by law is too unreasonable, even considering the favorable circumstances as seen earlier, even if considering the aforementioned favorable circumstances.

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

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.