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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disorder.
B. The sentence of imprisonment (eight months of imprisonment) by the court below on the defendant is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mental and physical disorder, the defendant was found to have been hospitalized under the above diagnosis five times from around 1998 to around 2012 after receiving the diagnosis of shock control and alcohol use disorder, etc., but the defendant cannot be deemed to have a lack of or weak ability to discern things at the time of committing the crime of this case in light of the circumstances, means, methods, etc. of the crime of this case. Thus, this part of the defendant's assertion is without merit.
B. Although the amount of damage caused by the instant crime is not so big, most damaged goods are recovered, the victim does not want the punishment of the Defendant, etc. However, even though the Defendant had been punished several times due to the larceny under the same Act, the Defendant repeatedly committed the instant crime during the suspension period, there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered, and the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc., are considered as being too unreasonable, in full view of the following factors: the lower court’s punishment cannot be deemed unfair; thus, this part of the Defendant’s assertion is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.