A. The Defendant, at the time of each of the instant crimes, was in a state with weak capacity to discern things or make decisions due to mental illness for which the Defendant was unable to suppress larceny impulses at the time of the instant crime.

Nevertheless, the lower court erred by failing to reduce mental illness and injury.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental illness, the Defendant visited the Yeongdeungpo-gu Public Health Center on February 1 through 3, 2019 after being released on January 11, 2019 and consulted about the symptoms of “suicide, depression, flag disorder, and wall” by telephone. On February 25, 2019, the Defendant complained of the above symptoms by visiting the Ministry of Health and Welfare on February 25, 2019, and explained the necessity of hospitalization to the Defendant as the progress of the disease and the aggravation thereof, and provided a diagnosis of “opic symptoms” by explaining the need for hospitalization to the Defendant. In light of the circumstance that the Defendant visited the N Hospital on April 4, 2019, which was 4 days later than the 20th day after the Defendant’s death, depression, flag disorder, and flag, and the fact that each of the following circumstances was difficult to view that the Defendant’s diagnosis and treatment of the Defendant’s 2nd day after 20th day after the Defendant’s death.