A. At the time of committing a crime under paragraph (1) of the criminal facts stated in the lower judgment, the Defendant was in a state of lacking or lacking the ability to discern things or make decisions.

B. The sentence of imprisonment (six months of imprisonment and the return of the victim) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. We examine the argument about mental disorder. In light of the background leading to the crime in this part, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime. Thus, this part of the argument by the defendant is without merit.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against one’s own mistake, and there are favorable circumstances, such as the fact that the thief’s damage to the instant vehicle was temporarily returned to the victim, such circumstances are considered in full at the lower court and there was no change in circumstances in the trial at the same time. Meanwhile, each of the instant crimes did not constitute an agreement with the victims of each of the instant larceny up to the trial, the Defendant did not reach an agreement with the victims of each of the instant larceny up to the trial, and the Defendant’s motive and background leading up to each of the instant crimes, circumstances after the commission of the instant crimes, and other various conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, etc. are considered to be too unreasonable. Therefore, the Defendant’s above assertion is not justified.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 238(2) and 238(2) of the "Article 239(1) and (2)" of the 3-4 column for the application of the statutes in the judgment of the court below.