The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant under medical treatment with a mental disorder and was diagnosed as a gambling disorder at the time of the instant crime, and thus, at the time of the instant crime, had weak ability to discern things or make decisions due to such mental disease.

2. According to the evidence duly admitted and investigated by the court below, the defendant may be found to have had the record of criminal punishment for larceny, etc. even before the crime of this case was committed. However, this fact alone is insufficient to recognize that the defendant had the ability to discern things or make decisions with the wall at the time of the crime of this case, and there is no other evidence to acknowledge this differently.

Rather, the Defendant was under police investigation for a long time after committing the instant crime, and stated that “no drug was taken under the diagnosis of an excessive or present mental illness, etc., and the Defendant stated in detail about life, details of the crime, etc. after release.”

Therefore, the defendant's argument of mental disability is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.