Defendant

All appeals by prosecutors are dismissed.

Expenses relating to expert evidence among the costs of lawsuit shall be borne by the defendant.

1. Summary of grounds for appeal;

A. Defendant (1) Although the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to a mental disorder due to a mental disorder, the lower court did not reduce it due to mental disorder.

(2) The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the Defendant’s claim of mental disability, the mental appraisal procedure was conducted against the Defendant in the trial upon the request of the counsel for the mental diagnosis. According to the appraisal document submitted by the counsel as evidence in the trial, the appraiser has expressed his opinion that “The present mental state of the Defendant is in a state where it is not visible to an extent that it would give the diagnosis of a unique mental disorder when generally viewed, and it is presumed that there is no significant difference with the present mental state at the time of the instant crime.”

In light of the content of the appraisal document and the content of the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to mental disorders at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, even though the Defendant had been sentenced seven times to imprisonment for the larceny crime, he/she again committed the larceny crime of this case during the period of repeated crime due to the same criminal record, is disadvantageous to the Defendant.

On the other hand, the amount of damage in this case is relatively minor, and the fact that the defendant is against the defendant is favorable to the defendant.

The various sentencing conditions shown in the argument of the instant case, such as the age, character and conduct, the environment, and the background leading to the instant crime.