The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to the background of the damage, depression, etc.

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

2. Determination

A. According to the records of mental and physical weakness, the fact that the Defendant was diagnosed as a personality disorder, etc. from around November 201 to April 2015 and received treatment is recognized that the Defendant shows emotional instability, lack of impulse impulse ability, lack of responsibility, and attitude to disregard social rules due to emotional unstable personality disorder and non-social personality disorder.

However, the circumstance where the Defendant’s speech and behavior revealed before and after the crime in this case does not seem to have reached the degree that it is identical to the Defendant’s mental disorder, and the circumstance where the crime was committed due to the Defendant’s failure to suppress one’s impulse is likely to be found even for the normal person. Thus, barring special circumstances, barring special group’s circumstances, it cannot be said that a person with the above character defect requires acts to restrain one’s impulse and to demand compliance with the law, and thus, it is reasonable to view that, in principle, the defect, such as disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

However, even if a defect of the same nature as a shock disorder is so serious that it can be assessed to be equal to a person who has a mental disorder within its original meaning, the crime resulting therefrom should be deemed a crime resulting from mental or physical disorder (see Supreme Court Decision 2010Do14512, Feb. 10, 201). In addition, the defendant is in a state of lacking the ability to discern things or make decisions due to mental disorder at the time of the instant crime.