A. Since the Defendant, who has not claimed mental and physical weakness, committed the instant crime while lacking the ability to discern things or make decisions, the punishment should be mitigated in accordance with Article 10 of the Criminal Act.

B. In light of the fact that the defendant's wrongful assertion of sentencing led to the crime of this case in economic situation and that the defendant's age and health are not good, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant’s committing the instant crime and the means and method of committing the instant crime, it is not determined that the Defendant had weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

It is reasonable to consider that the total amount of stolen goods is not substantial, and that the defendant is relatively old and against the defendant.

However, in full view of the following facts: (a) the Defendant was sentenced to six months of imprisonment for attempted larceny and committed the instant crime during the period of repeated crime; (b) the Defendant was unable to recover damage; and (c) the Defendant was sentenced to three times of punishment due to larceny, etc. mainly using the method of larceny in the construction site; and (d) the Defendant was sentenced to four times of suspended execution; and (c) the Defendant’s age, sex, environment, motive for committing the instant crime, and other various sentencing conditions shown in the instant records and arguments, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.