The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (4 months of imprisonment) is excessively unreasonable.

2. Determination:

A. According to the records on the argument of mental and physical weakness, the defendant asserted mental and physical weakness due to mental disorder at the court below, and the court below accepted the above argument by the defendant, and accepted the above argument by the defendant and accepted the legal mitigation due to mental and physical weakness.

Therefore, this part of the defendant's argument is without merit.

B. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court’s judgment on the sole ground of the difference between the appellate court’s opinion and the lower court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the conditions of sentencing, such as the period of repeated offense, confession, and lack of mind and body, due to the lack of circumstances to newly consider in the first instance court.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. As such, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Of the facts constituting the crime of the lower judgment / [criminal facts], the Defendant committed the following crimes under the lack of ability or intent to discern things due to mental or physical disorder.

It is clear that “A” has been omitted.