A mentally ill-minded defendant has a habitle to larceny when drinking alcohol, and even the crime of this case was committed under the influence of drinking alcohol, and there was a lack of ability to distinguish things or make decisions.

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

Judgment

Even if there is a thief behavior after drinking by the Defendant, as alleged by the Defendant, the phenomenon that the Defendant was unable to suppress one’s impulse, which led to the crime, is likely to be found in the normal person, and this is merely a matter of degree.

Therefore, barring special circumstances, barring special circumstances, it cannot be deemed that a person who has the above nature defect requires an act that is not expected to control his impulse and to demand compliance with the law, and thus, it is reasonable to view that, in principle, the same nature defect as the shock disorder does not constitute a mental and physical disorder, which is the reason for the reduction of punishment (see Supreme Court Decision 94Do3163, Oct. 24, 1995). Therefore, the above argument by the defendant is without merit.

The defendant's wrong determination on the assertion of unfair sentencing is recognized, and the fact that the defendant agreed with the victims is favorable.

However, there was a history of having been punished several times for the same thief crimes, including punishment, and accordingly, the crime is committed during the repeated crime period; the frequency of the crime is more than nine times and the theft amount is a large amount of seven million won. In addition, one year and six months of imprisonment with prison labor sentenced by the court below is the lowest punishment imposed by law that has been mitigated; and other various sentencing conditions specified in the arguments of this case, such as the background of the crime of this case, circumstances after the crime, Defendant’s age, character and conduct, and environment, are considered as inappropriate since it is not recognized that the court below’s punishment is too unreasonable.