A defendant shall be punished by imprisonment for three years.

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to mental illness, such as shock disorder and other military register walls, etc.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. The following facts are acknowledged according to the evidence duly adopted and examined in the judgment of the court below as to the assertion of mental and physical weakness, and the statement of the nursing plan for the discharge, medical expenses account statement, prescription, prisoner's duty record book (Evidence No. 7 and 9) submitted by the defendant's defense counsel at the trial of the court below:

① From about 15 years ago, the Defendant has been diagnosed as a disability in impulse adjustment, depression, yellow dust, etc., and used the medication.

② On January 24, 2007, the Defendant was sentenced to imprisonment for three years and medical care and custody due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes. In this case, it was recognized that the Defendant committed the larceny in a state of mental and physical weakness caused by symptoms of larceny.

③ In addition, on July 2, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on the Aggravated Punishment, etc. of Specific Crimes, and even in that case, the Defendant was found to have committed larceny in a state of mental and physical weakness caused by shock control and chronic depression.

④ On October 8, 2016, the Defendant was released from prison labor as stated in the above paragraph (3) on October 8, 2016, and thereafter, from around November 2016, after having been discharged from prison labor, the Defendant received a mental and medical treatment at the AAD Mental Health Department in Gangdong-gu, Gangwon-do, the department of mental health at the National Veterans Hospital in Gangdong-gu, and the central veterans hospital and received the above mental and medical treatment. In the instant crime, immediately before the instant crime was committed, the Defendant suspended the use of the prescribed mental and medical therapy and started drinking again, and had a recurrence of mental illness, such as shock disorder and other military register walls, etc. < Amended by Act No. 15010, Oct. 8, 2017>