A. At the time of committing a special larceny (for special larceny), the Defendant was under the influence of alcohol and was in the state of mental disorder or mental disorder.

B. The lower court’s sentencing (the punishment of larceny: six months of imprisonment, special larceny: imprisonment with prison labor for up to eight months) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record on the assertion of mental disorder, even though the defendant was aware that he had drinking alcohol at the time of the crime of special larceny, in light of various circumstances such as the background, method, content, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions at the time of the crime.

Since it seems that the defendant did not seem to be in a state or weak condition, this part of the defendant's assertion is rejected.

B. It is reasonable to take into account the following factors: (a) the Defendant’s mistake is against the victim of special larceny; (b) the agreement is reached with the victim of larceny; (c) the deposit of KRW 400,00 for the victim E in the trial; and (d) the equity between the case of larceny, for which a judgment has become final and conclusive, and the case of violation of the Act on the Punishment of Sexual Crimes and Protection

However, even though there were several records of punishment for larceny (three times, etc.), the Defendant committed each of the crimes of this case again, and all of the crimes of this case were committed during the period of repeated crime (in particular, in the case of larceny, one year of imprisonment with prison labor for the larceny of the same method and content and one year, which was sentenced to the same crime, but the same crime was committed again), it is not agreed with the victim of larceny. In the case of special larceny, according to the sentencing guidelines, the scope of the recommended sentence falls under the mitigated area (where it intrudes into places other than night destruction and damage structures (special aggravation), punishment non-permanent and indoor dwelling space (special mitigation factors) and thus, the scope of the sentenced sentence is from 8 to 1 year, and the lower court is from 8 months to 6 months, which is the lowest sentence of imprisonment.