The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Reasons for appeal

A. On February 2, 2019, among the facts charged in the instant case involving mental and physical disorder, at the time of committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a violation of the Act on Financial Business Specializing in Fraud and Credit, the Defendant had weak ability to discern things by drinking.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. A. An ex officio judgment prosecutor applied for changes in the indictment with the content that “any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the indictment of “2277,” and “any violation of the Act on the Aggravated Punishment, etc. of Fraudulent and Credit-Related Financial Business” from “ February 20, 2019.” Since this Court permitted the change, the judgment below was no longer maintained.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. Determination as to the assertion of mental disorder is based on each of the following circumstances: (a) the background and method of the instant crime; and (b) the Defendant’s behavior and attitude before and after the instant crime was committed; (c) on February 2, 2019, at the time of committing the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Fraud and Credit Specialized Financial Business; and

subsection (b) of this section.

On February 2, 2019, the defendant was under the influence of alcohol at the time of committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a violation of the Act on Financial Business Specializing in Fraud and Credit.

On the other hand, however, the defendant was sentenced to imprisonment with prison labor for four years and treatment and custody for three years and seven months in the state that he/she has the ability to discern things or make decisions by using harmful substances to alcohol, and was sentenced to confinement and treatment. On January 2, 2018, the emotional condition is stable and the symptoms of the bar are observed without the mental medication.