The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of weak ability to discern things or make decisions due to mental disorder from a mental impulse disorder.

B. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse as to the claim of mental disability is likely to find out even for the normal person. Thus, barring special circumstances, it cannot be deemed that a person with the above character defect requires an act that cannot be expected to restrain his/her impulse and to demand compliance with the law, barring special circumstances, and thus, it is reasonable to deem that the defect of nature, such as shock disorder, does not constitute a mental disorder, which is the cause of reduction or exemption of punishment, as a matter of principle.

However, if a mental disorder within the original meaning, which causes disorder to the ability to discern things more than that, or even if the cause of the disorder is the same as that of the impulse disorder, it can be evaluated that it is very serious and equivalent to the person with mental disorder within the original meaning, the larceny crime should be deemed to be a crime caused by mental disorder.

(See Supreme Court Decision 94Do3163 Decided February 24, 1995, Supreme Court Decision 2010Do4682 Decided June 10, 2010, etc.). According to the evidence duly admitted and examined by the lower court, even though the Defendant was punished by imprisonment since 1994, the Defendant continued repeated life of larceny, such as committing larceny, and committing larceny, it does not seem that the Defendant was subject to active inspection or treatment of shock disorder. The Defendant mainly intruded into an abandoned house and stolen cash and precious metal, and the precious metal stolen was disposed of and commercialized on the bank, etc., and thus, the method of the crime is livered.