The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability or mental health disorder due to drinking and for the recovery of mental illness.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the determination of the assertion of mental disorder, it is recognized that the defendant received a mental treatment due to a bad disorder, etc. and was in the state of drinking at the time of committing the instant crime.

However, in light of the process, means and method of the instant crime, Defendant’s behavior before and after the instant crime, etc., which was duly adopted and examined by the lower court, it is difficult to view that the Defendant was in a state of mental disability or mental health disorder due to drinking and the use of a weak mental illness at the time of the instant crime.

Therefore, the defendant's argument on this point is without merit.

B. It is recognized that the Defendant made a confession of and reflects the mistake in the determination of the allegation of unfair sentencing, and that the Defendant appears to have committed the instant crime by drinking as a person with mental disability of Grade III suffering from mental illness.

However, the crime of this case is committed by cutting off the location tracking device of the defendant, which is attached to his name, and it is necessary to strictly punish and eradicate the crime in order to ensure the legislative intent of the Act on Probation and Attachment of Electronic Monitoring, etc. of Specific Criminal Offenders and the effectiveness of the electronic tracking device attachment system. It is possible to have the record of criminal punishment including the defendant. The crime of this case was committed by the defendant who was sentenced to two years of imprisonment on June 27, 2014 and was recidivism without being aware of the fact that the execution of the punishment was completed during the period of repeated crime, and was committed again without being aware of the fact that the defendant was sentenced to two years of imprisonment and was sentenced to the punishment during the period of repeated crime.