The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, having mental illness, such as depression, depression, etc., committed each of the instant crimes under the influence of mental and physical weakness by taking advantage of a large amount of medicine, such as negosy, etc., the punishment should be mitigated.

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

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental and physical weakness requires that the mental disorder, such as mental disorder or abnormal mental condition, other than mental disorder, caused by such mental disorder, lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, such mental disorder shall not be deemed to be a mental and physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly adopted and examined by the court below, the fact that the defendant is receiving medical treatment due to mental disorder, such as depression, depression disorder, depression, and alcohol-based addiction, can be acknowledged.

However, in light of the following circumstances acknowledged by each of the above evidence: (a) the Defendant was under investigation by an investigative agency, and the background leading up to the mountain field, which is the scene of the theft of this case; (b) the victim C and the victim police officers immediately after the theft of this case; (c) the process during which the Defendant was arrested by assaulting police officers and arrested the victim; and (d) the Defendant stated in a concrete and detailed manner in the process of confiscation; and (c) the background and means of each of the crimes of this case; (d) the Defendant’s behavior before and after the crime; and (e) the Defendant’s statement attitude at the investigative agency; and (e) the Defendant had weak ability to discern things or make decisions.

shall not be deemed to have been approved.