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 weak mental disorder that lacks the ability to discern things or make decisions, as a person who was under medical treatment due to a mental disorder from the beginning of the 20th century.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the fact that the Defendant continued to receive treatment of mental health disorder, such as apprehensions, tensions, and chronic symptoms, is acknowledged, and the facts revealed by the evidence duly admitted and investigated at the lower court, the background of the instant crime, the circumstances before and after the instant crime, and the Defendant’s behavior at the time of the instant crime, etc. were deemed to lack the ability to discern things or make decisions at the time of the instant crime.

It does not appear.

Therefore, the defendant's mental and physical weakness cannot be accepted.

B. In determining the punishment against the Defendant, the lower court rendered a sentence on November 19, 2016, taking into account the following circumstances: (a) in determining the punishment against the Defendant, the Defendant had a record of having been punished several times for the same crime since 2015; and (b) the Defendant, as stated in the first head of the lower judgment, committed the instant crime on November 19, 2016 immediately after being sentenced to a suspended sentence due to larceny; (c) even if having been sentenced to a fine, the Defendant was repeatedly committed the instant crime during the suspended sentence period, and repeatedly committed the instant crime during the suspended sentence period, and the risk of recidivism is high; and (d) the Defendant was in custody of all stolen goods at the police and recovered from damage by means of seizure; and (e) the Defendant’

The above circumstances are unfavorable or favorable to the defendant, and the age, sex, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime.