A defendant shall be punished by imprisonment for not less than one year and six months.

A. Defendant 1) At the time of each of the instant crimes, the Defendant was in a state of mental or physical disorder having weak ability to discern or make decisions with the spirit of obscenity on goods or obsceneism.

2) The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too heavy.

B. Prosecutor 1) In the misunderstanding of facts or misapprehension of legal principles, as to the crime committed on August 27, 2015, the type force used against the victim D constitutes an assault that constitutes a quasi-Robbery crime, and thus, in relation to the above crime, the criminal liability should be imposed as a quasi-Robbery rather than a quasi-Robbery theft, such as the judgment of the court below, in relation to the above crime.

2) The sentence of the lower court’s improper sentencing is too minor.

2. Determination

A. As to the Defendant’s mental and physical disorder, 1) The Defendant’s mental and physical disorder caused the Defendant to commit each of the crimes of this case due to the nature defect that could not suppress the impulse of each of the crimes

Even if such phenomenon is likely to result in suppressing one's impulse because of his or her failure to suppress a crime, this is merely a matter of degree, and therefore, barring special circumstances, it cannot be said that a person who has such character defect requires an act that cannot be expected to control his or her impulse and to demand compliance with the law, and thus, it does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment, in principle, a defect of nature, such as a disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

It is reasonable to see that such a defect of nature is very serious and can be evaluated as equal to a person with a mental disorder in its original meaning, or there is room to recognize a mental disorder in the case of competition with another mental disorder.

In this case (see Supreme Court Decision 94Do3163 delivered on February 24, 1995), according to the records, the defendant shows sexual interest in clothes belonging to a female.