A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

【Criminal Power】 On December 20, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on July 25, 2012; on December 22, 2005, two years of the suspended sentence to eight months of imprisonment with prison labor at the Busan District Court for larceny; on January 8, 2009, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on December 21, 2012; and on December 21, 2012, three million won was sentenced to punishment at the Busan District Court on larceny; and on other occasions, the same criminal record is more than five times.

【Judgment of whether or not there exists a mental disorder and degree of the mental disorder prescribed in Article 10 of the Criminal Act under the circumstance that the defendant has no ability to discern things or make decisions due to shock disorder and mental retardation, shall not necessarily be bound by the opinion of a specialized appraiser as a legal judgment. It is reasonable to view that the defendant had a state of mental disorder at the time of committing the instant crime in light of the following: (a) the type and degree of mental disorder; (b) the motive and background of the crime; (c) the means and manner of the crime; (d) the behavior of the defendant before and after the crime; and (e) the degree of reflection (see, e.g., Supreme Court Decision 9Do1194, Aug. 24, 199); (c) the defendant was diagnosed with the mental retardation of the crime in this case; (d) the motive, process and mode of the crime in this case; (e) the defendant's behavior before and after the crime

(See Supreme Court Decision 94Do581 delivered on May 13, 1994, etc.). The following crimes were committed:

1. On April 8, 2014, at around 12:00, the Defendant: (a) installed the victim F on the street in front of the city of Busan on the road; (b) opened a driver’s seat in the said cargo vehicle; and (c) opened the said cargo vehicle using the string cresh, without locking the door; and (d) cash owned by the victim that was located behind the driver’s seat; (b) KRW 1080,000,000,000,000,000 won in front of the vehicle; and (c) one resident registration certificate; and (d) Samsung Credit Card.