A defendant shall be punished by imprisonment with prison labor for three months.

A. The Defendant suffered from mental illness, such as a mental disorder, depression, etc., and at the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness due to the foregoing mental disorder.

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant is deemed to have suffered from mental illness such as dives, anti-competitive disorder, and other non-quality disorder in light of the background leading up to the Defendant’s crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in the state of lacking ability to discern things or make decisions due to the above mental disorder at the time of the crime of this case.

Therefore, the defendant's above assertion is without merit.

B. The judgment of the court below is unfair in light of the following factors: (a) the defendant had been punished nine times as theft; (b) the defendant had committed a second offense during the period of probation for the same kind of crime; (c) the crime at the same place was repeated three times, etc. that are disadvantageous to the defendant; (d) the amount of damage is relatively small; (e) the defendant has repaid the damage; (e) the defendant has agreed with the victim; (e) the defendant has committed a crime in the first instance; (e) the defendant has been led to each of the crimes of this case in the situation of economic difficulty as a recipient of basic living; and (e) the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and (e) all of the sentencing conditions shown in the records and the trial process, including the circumstances after the crime

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for the judgment to be used again】 Criminal facts and summary of evidence recognized by the court.