The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the confession made by the Defendant in the trial proceedings of the court below was made in a state that he did not have a spirit, such as mixedness and the symptoms of an island, and thus reversed this. The Defendant did not commit larceny as stated in the attached Table 2, 3, 5, and 6 of the judgment of the court below.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss, or mental weakness due to inter-slock, island symptoms, etc.

(c)

The punishment sentenced by the court of original judgment which is unfair in sentencing (3 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant made a confession of all the facts charged at the investigative agency and the court of original instance, and even if considering the specific details of the confession, the motive and circumstances leading up to the confession, the status of the Defendant at the time of confession (which means 105 pages and 112 pages of the evidence record), and the existence of evidence inconsistent with the confession, there is no particular circumstance to deny the voluntaryness or credibility of the confession.

According to each evidence duly adopted and examined by the court of original judgment, including the confession above, the defendant's act on the day of the defendant, especially the statement of victims, and the process of securing and returning damaged articles, it can be sufficiently recognized that the defendant committed the larceny crime as stated in its reasoning. Thus, the court below did not err by misapprehending the facts and affecting the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is rejected.

B. According to the record on the assertion of mental disorder, the Defendant is deemed to have been under medical treatment by showing symptoms, such as normal alcohol dependence and island net, but in light of the background and overall situation of the instant crime recognized by the evidence duly admitted and investigated by the lower court, and the attitude of the Defendant at the time of being arrested as a flagrant offender immediately after and after the investigation, etc., the Defendant has the ability to discern things or make decisions at the time of the instant crime.