The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, committed the instant crime under the influence of mental and physical weakness at the time.

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

2. Determination

A. According to the records on the instant assertion of mental and physical weakness, there is no evidence to acknowledge that the Defendant was under the influence of alcohol at the time of committing the instant crime, or that the Defendant had a mental illness, etc.

Rather, in the police investigation, the Defendant made a statement to the effect that “at the time was not in a state of drinking, and is healthy mentally and mentally.”

In addition, the Defendant, in the police investigation, stated that “the Defendant stolen the instant damaged goods for fraud of drugs, etc. necessary for the principal at the time, and actually sold them to a third party.” As such, the Defendant was deemed to have committed the instant crime in a clearly perceived manner on the date and place of the crime, motive for the crime, method of disposal after theft, etc.

Therefore, at the time of committing the instant crime, the Defendant was in a mental and physical weak state with weak capacity to discern things or make decisions.

does not appear.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the Defendant recognized the instant crime as to the wrongful assertion of sentencing, and reflects his mistake, the amount of damage is relatively small, the Defendant already agreed with the victim at the investigation stage, and the health status is not good due to urology, such as urology.

However, the Defendant already committed the instant crime despite the fact that he was sentenced to criminal punishment several times due to the same crime, was sentenced to imprisonment for the same kind of crime, was released from prison, and even if he was under the period of repeated crime, and was already punished four times or more for repeated larceny crimes during the said period of repeated crime.