The defendant's appeal is dismissed.

Defendant

Summary of Reasons for appeal by defense counsel

A. Although the Defendant had mental or physical loss or mental weakness due to mental illness at the time of committing the instant crime, the lower court erred by misapprehending it.

B. In light of the fact that the criminal defendant committed the instant crime in a contingent manner, the amount of damage is small, and the goods that the defendant stolen were returned to the victim, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.

Judgment

A. In full view of the background, means and methods of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant did not have or lacks the ability to discern things or make decisions due to mental illness at the time of the instant crime.

Therefore, the judgment of the court below that did not apply Articles 10(1) and 10(2) of the Criminal Act to the defendant is erroneous and adversely affected the conclusion of the judgment in violation of the statutes on the grounds for statutory

Therefore, the above argument cannot be accepted.

B. The instant crime of determining the illegality of sentencing was committed after deducting the keys of the victim E’s knife to keep the lost goods from the Defendant’s hand that he had taken soup, and then taking cash 145,000 won and one new card card was stolen from the wall that was being kept in the victim’s away goods using the said key. The crime of this case was committed on June 25, 2015 by the Defendant, who was sentenced to criminal punishment for the same kind of crime, was sentenced to imprisonment with prison labor for a year and six months from the source of Suwon method to be habitually stolen on October 10, 2016, and the victim sought punishment for the Defendant.