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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was not only in a mental disease at the time of the instant crime, but also in a state of mental disorder or mental disorder under the influence of alcohol.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the instant case’s assertion of mental disorder, it is acknowledged that the Defendant had received medical treatment due to a disease, such as depression, depression, etc., but there is no evidence to deem that the Defendant was under the influence of alcohol at the time of the instant crime. In light of all the circumstances, such as the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, and the content of the statement in the investigative agency, there was no ability to discern things or make decisions due to mental illness
does not seem to have existed in or weak condition.
Therefore, the defendant's mental disorder is without merit.
B. Although there are favorable circumstances such as the Defendant’s confession of the instant crime and the fact that part of the stolen goods were returned to the victim, the instant crime was committed on 79 occasions from May 30, 2016 to July 21, 2016, and it is not good that the Defendant committed the instant crime and sold the bicycle via the Internet intermediate trading website. The Defendant had a record of having been sentenced to 2 years of suspended sentence for 1 year by larceny, etc. at the Seoul Western District Court on May 8, 2008, with a record of having been sentenced to 2 years of suspended sentence for 1 year by imprisonment with prison labor (including two times of imprisonment and one time of suspended sentence) and, in particular, the Defendant committed the instant crime without having been sentenced to 3 months of imprisonment with prison labor on April 1, 2016 and without having been released from prison until the date of termination of the repeated crime.