The lower court determined that the Defendant was in a state of mental disorder at the time of committing the instant crime due to mental disorder, such as shock disorder, etc.

The imprisonment with labor (three years and six months) imposed by the court below on the defendant is too unreasonable.

The phenomenon where a person commits a crime because he/she did not suppress his/her impulses on his/her part of his/her mental disorder is likely to be found even for the normal person. Barring special circumstances, it cannot be deemed that a person who has such character defect requires an act that cannot be expected to control his/her impulses and to comply with the law, barring special circumstances, and thus, it is reasonable to deem that a person who has such character defect, such as shock disorder, does not constitute a mental disorder, which is the reason for reduction or exemption of punishment, in principle

(2) In light of the records and motive of the instant crime, the method and method of the crime, the circumstances before and after the crime, and the details of the Defendant’s criminal records, etc., it does not appear that the Defendant had the ability to discern things or make decisions at the time of the instant crime, and thus, the aforementioned assertion is without merit.

In full view of the following factors: (a) the Defendant’s mistake on the part of the allegation of unfair sentencing is against himself; (b) the degree of damage to the instant crime is not heavy; and (c) the Defendant is recognized to have deposited one million won against the victim D, but the Defendant committed the instant crime during the grace period after having been sentenced to a suspended sentence due to a larceny; (d) the Defendant inflicted an injury on the police officers who intend to arrest beyond the thief; and (e) the Defendant’s age, family relation, criminal record, relationship, character and conduct, environment, motive and circumstance of the instant crime, method and method of the crime; and (e) all the sentencing conditions, such as the circumstances