The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant alleged mental and physical disorder has committed the instant crime under the condition of loss of mental and physical capacity or mental weakness, the responsibility should be dismissed or the punishment should be mitigated.

B. The sentence (one million won penalty) that the court below rendered by the court below for the wrongful argument of sentencing is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, and the circumstances before and after the instant crime, etc., the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

shall not be determined.

The defendant's mental disorder is without merit.

B. In our criminal litigation law, which takes the trial-oriented principle and the principle of direct determination on the unfair argument of sentencing, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). In this case, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment.

Even though the defendant had been punished several times for violent crimes, the defendant committed the crime of this case.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, and it is not determined that the lower court exceeded the reasonable scope of discretion, even in light of the circumstances asserted by the Defendant on the grounds of appeal.

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

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