All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The theft amount under paragraph (4) of the crime in the judgment below is KRW 60,000,00.

(2) As to the facts constituting the crime in the judgment, only the defendant has temporarily used his/her mobile phone and intended to return it, and there was no intention to commit the larceny.

The crime of this case was committed in a state of mental disability due to the post-lapsying surgery for the removal of cardio-cerebral cerebral cerebral cerebral ty

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

The main point of the grounds for appeal by the prosecutor is that the sentence imposed by the court below on the defendant (three years of imprisonment) is too uncomfortable.

On the other hand, the court below rejected the above assertion in the item "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion of mistake of facts is identical to the reasons for appeal of this case, and the court below rejected the above assertion in comparison with the evidence. The judgment of the court below is just, and the above argument is without merit.

According to the records on the part of the defendant's claim of mental health and injury, even though the defendant was found to have undergone a brain salvy removal surgery, in light of the motive and background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to the aftermathy removal surgery at the time of the crime in this case. Therefore,

In light of the fact that the amount of damage caused by the larceny of each part of the grounds for unfair sentencing by the prosecutor and the defendant is relatively large, that the defendant undergoes an operation to remove brain species, and that he/she led to the confession of a certain crime, and his/her mistake is divided under the favorable circumstances of the defendant, and that the defendant again commits the crime of this case even though he/she had a criminal conviction for the same kind of offense, and is still under repeated offense, and