The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant, with mental disorder, committed the instant crime in a state of shock disorder due to a physiological disorder, and at the time of the instant crime, was in a state of mental disorder at the time of the crime.

B. The crime of mistake of facts and misapprehension of legal principles in this case is due to mental illness, and it cannot be deemed that it is a thief behavior.

C. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Determination

A. According to the mental appraisal by the court of the trial on the argument of mental disorder, appraiser S showed a series of typical symptoms shown in the impulse that the defendant tried to use the symptoms of all symptoms prior to the commencement of the birth and to steals for an individual purpose, or to steals any article without monetary value, such as the impulse immediately before the theft is stolen, the tension that occurred prior to the theft, and the shock that causes a euthanasia after theft, and serious shock caused by the shock disorder beyond this sexual judgment, it is reasonable to view that at the time of the crime of this case, the defendant was temporarily suspended the ability to determine and decide action, and that repeated crimes were committed. In addition, considering that the court below and the trial court lawfully adopted the evidence and recognized the criminal records of the defendant in the past, the mental treatment experience of the defendant, the motive and circumstances of the crime of this case, and the ability of the defendant at the time of the crime of this case, the mental disorder at the time of the crime of this case can be acknowledged as having been committed.

The defendant's argument of mental disability is justified.

B. The crime of determining the misunderstanding of facts and misapprehension of the legal principles, the inquiry of the investigation record data, and the period of repeated crimes of suspects.