A. In light of the fact that the Defendant specifically stated the method of intrusion at the scene of the instant crime, the method of theft, etc., the attitude of the crime of intrusion larceny after damage, the 1.7 million won per month and worked in the company, and there was an ability to calculate the basic number and recognize during the investigation process, etc., despite difficulties in deeming that the instant crime was in a state of mental disorder at the time of the instant crime, the lower court recognized that the Defendant was in a state of lacking ability to make a decision due to the symptoms of shock disorder caused by mental retardation at the time of the instant crime, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unhued and unreasonable.

2. Determination

A. (1) According to the statement of a mental sentiment against the defendant prepared by the J of the doctor's decision, it is recognized that the defendant is a total intelligent index 77, the mental age is 13, the intellectual disability is 3, the mental retardation and the non-social personality disorder of a specific impossibility are likely to be dynamic or malicious without considering the result of action in emotional aspect.

(2) In addition, the Defendant was sentenced to imprisonment with prison labor and a disposition of medical treatment and custody for the larceny in the state of mental disorder caused by mental retardation in 1995, and the Defendant was sentenced to imprisonment with prison labor for three years and a disposition of medical treatment and custody for the crime of larceny by opening a correction entrance that was prepared in advance in the state of mental disorder and non-social personality disorder in 2006, and opening and opening the entrance for the crime of larceny in the state of mental disorder caused by mental retardation and non-social personality disorder, and the Defendant was sentenced to imprisonment with prison labor for three years and a disposition of medical treatment and custody for the crime of larceny. ② The Defendant was shocked to want to larceny while leaving his house, and arrived at the place of the crime of this case in line with his cash, and the Defendant committed the crime of this case without prison labor. ③