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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was in a state of weak ability to distinguish objects and make decisions due to shock disorder.
B. The lower court’s sentence of unreasonable sentencing (700,000 won of a fine) is unreasonable and unfair.
2. Determination
A. According to the evidence submitted by the defendant as to the claim of mental disability, the defendant is found to have been diagnosed with mental disorder, such as impulse conduct, unstable situation, etc. after the crime of this case, but in light of various circumstances such as the circumstance, means, and behavior before and after the crime of this case, it cannot be said that the defendant had the weak ability to discern things or make decisions due to shock disorder at the time of the crime of this case. Thus, the above assertion is without merit.
B. The instant crime on the assertion of unfair sentencing cannot be deemed to be somewhat weak in the nature of the crime by taking account of the active deception against large marinas, and the fact that it did not agree with the victim up to the trial. The lower court’s punishment is a sentence imposed in full view of all favorable circumstances, such as the confession and reflection of the Defendant, the amount of damage, and the fact that the damaged goods have been returned. In full view of all such favorable factors as the background, means, circumstances after the instant crime, Defendant’s career, environment, etc., the lower court’s punishment cannot be deemed to be unfair on account of the following factors: (a) the lower court’s punishment cannot be deemed to have been imposed.
3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.