The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, at the time of committing each of the instant crimes, should be mitigated from punishment given that he/she was physically and mentally weak due to mental illness and drinking

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, the mental and physical disorder stipulated in Article 10 of the Criminal Act is a biological element, other than mental disorder such as mental illness or abnormal mental condition, and the mental disorder requires that the mental disorder, which is a psychological element, lacks or reduces the ability to discern things and control the behavior accordingly. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of the crime, if he/she had the ability to discern things or control the behavior at the time of the crime, he/she cannot be deemed a mental and physical disorder (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). In light of the process, method and method of each crime of this case recognized by evidence duly adopted and investigated, the defendant's behavior before and after the crime, the amount of alcohol of the defendant at the time of the crime, the victim's statement, CCTV image, etc., the defendant is in a state of lacking ability or decision-making ability to discern things at the

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant has recognized one’s own criminal act, the Defendant has committed multiple crimes, including interference with the four-time business, and the nature of such crimes has been poor. The instant case is a crime committed during the period of repeated crime due to the crime of injury, and the Defendant has a number of criminal records.