The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

(2).

1. Summary of grounds for appeal;

A. The Defendant with mental and physical weak and the Defendant and the Defendant for the medical care and custody (hereinafter “Defendant”) committed each of the larceny crimes in a state of mental and physical weakness.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the Defendant’s mental and physical weak argument or ex officio or the following circumstances and results of each of the instant crimes, the Defendant’s treatment details before and after committing the crime, and the circumstances after committing the crime, etc., it is deemed that the Defendant had weak ability to discern things or make decisions due to mental problems, such as the recompactivity disorder, etc. at the time of each of the instant larceny and inhalement of hallucinogenic substances, the recognition decline caused by addiction to hallucinogenic substances, and disorder in shock control, etc.

Of the part of the judgment of the court below regarding each of the larceny crimes in this case, the defendant's mental and physical weak arguments are well-grounded, and further, the part on the inhaled crime of hallucinogenic substances in this case did not recognize the defendant's mental and physical weak condition, and thus,

① From May 13, 2013 to June 11, 2013, the Defendant received hospitalized treatment due to a material use disorder and a flag disorder. Even thereafter, on March 13, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months on June 13, 2016, on the grounds of the fact that he/she stolen and inhaled butane gas in Schlage.

② On September 2, 2017 and September 3, 2017, the Defendant inhaled not more than 20 but also more than 20 but not more than a day of the crime of larceny and inhaleing but around September 2, 2017. However, on September 2, 2017, the Defendant inhaled the butane gas in the Smarket and was investigated by the police in the presence of the Defendant. On September 3, 2017, the victim, who is the Smarket, was the owner of the Smarket, committed a theft of the butane gas and inhaled it with his house.