The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant got to commit the instant crime under the condition that he/she was unable to discern things or make decisions due to taking a long-term mental and drugs, etc.

Nevertheless, the judgment of the court below which did not consider legal mitigation is erroneous in the misapprehension of legal principles.

B. The sentence of imprisonment (six months of imprisonment and seizure) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the background and process of the instant crime committed by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant had the ability to discern things or make decisions by using the mental and pharmaceutical drugs, etc. used at the time of the crime.

Therefore, the judgment of the court below that did not consider statutory mitigation due to mental and physical disability is just and acceptable, and there is no error of law such as misapprehension of legal principles as the defendant asserts.

The defendant's assertion on this is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not appear to have exceeded the reasonable scope of discretion, even when comprehensively considering the factors revealed in the arguments in the instant case including various circumstances considered in sentencing.

In particular, the defendant has already been sentenced to imprisonment for the same kind of crime.