The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, suffered from illness in peace, thereby committing the instant crime under the condition that the Defendant had no capacity to discern things or make decisions at the time of the commission of the crime. B. The punishment of the lower court which was unfair for sentencing (one year and six months) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical weakness, the Defendant is recognized as having received respectively hospitalized treatment from August 27, 2015 to November 12, 2015, and from January 29, 2016 to February 1, 2016, and from May 17, 2016.

However, according to the mental appraisal result against the defendant, "the defendant may have partially reduced the real ability to determine the theft of this case in general social life, but the judgment power on the larceny of this case does not have a relation with the defendant's diagnosis, and it is presumed that the theft problem occurred prior to the occurrence of the defendant's early injury, the ability to distinguish water from others and decision-making ability at the time of the case shall be presumed to have been sound."

In light of such various circumstances as the result of mental appraisal, the circumstances leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it is not deemed that the Defendant had the ability to discern things or make decisions due to the tide at the time of the instant crime.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

The amount of damage in this case is not high.

Circumstances unfavorable to the defendant are as follows:

On February 13, 2013, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the said sentence, and again committed the instant crime during the period of repeated crime.

In addition, the defendant commits the same or different crimes.