The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of mental disorder, the Defendant was in a state of mental disorder or mental disability.

B. The imprisonment of the first instance court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, means and methods of the instant crime, the circumstances after the crime, etc. acknowledged by the record as to the assertion of mental and physical disorder, the Defendant did not have the ability to see right and wrong at the time of the crime or make decisions.

It is not recognized that there was any or weak state.

The defendant's mental disorder is without merit.

B. As to the assertion on unreasonable sentencing, the instant case is not likely to commit a theft of money and valuables by intrusion upon another person’s restaurant at night.

Although the defendant had been punished for the same crime, he also committed the crime of this case.

Damage has not been recovered or agreed.

The first instance court seems to have determined the punishment in consideration of all favorable circumstances to the defendant, and there is no special change or circumstance that can be newly considered in sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, criminal record and relationship, details and results of the crime, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit