The defendant's appeal is dismissed.

1. The summary of the grounds for appeal 1) The Defendant was in the state of lacking the ability to discern things or make decisions due to brain diseases, etc. at the time of committing the instant crime. 2) The lower court’s sentence of unreasonable sentencing (one month of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined in the lower court’s determination as to the assertion of mental and physical disorder, the fact that the Defendant was diagnosed with the brain disease, brain damage, and highly-quality personality and behavior disorder caused by the brain function beyond the brain function prior to the instant crime is recognized.

However, in light of the background and method of the crime, the defendant’s act before and after the crime, and circumstances after the crime, it is difficult to view that the defendant had the weak ability to discern things or make decisions at the time of the crime in this case.

3. The lower court sentenced the Defendant to four months of imprisonment in consideration of the unfavorable circumstances and favorable circumstances.

In full view of the facts that are the conditions for sentencing in this court, in particular, ① the degree of assault committed against the victims is not less than that of the victims, and the crime is very poor, such as threatening with the victims without attending the rupture after the assault, ② the judgment of the court below is deemed to have exceeded the reasonable limit of discretion, or it is unreasonable to maintain the judgment of the court below as it is, there is no such circumstance that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is not deemed to be inappropriate because it is too unreasonable.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.