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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
The Defendant, at the time of committing each of the instant crimes, had weak ability to discern things or make decisions due to mental illness, such as military disorder, such as shock disorder, etc.
The sentence of unfair sentencing (two years of imprisonment) by the court below is too unreasonable.
Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence adopted and examined by the lower court as to the claim of mental disability, the Defendant appears to have committed the instant crime in the state of having the ability to discern things or make decisions due to mental illness, such as military registers barriers, such as shock disorder, etc.
Specific reasons are as follows.
① The Defendant received diagnosis, such as military register walls, and continuously received treatment for symptoms of military register on three occasions from May 27, 2005 to July 7, 2005, from September 5, 2014 to December 22, 2014, and from February 16, 2016 to March 3, 2016.
② The Defendant was punished for larceny several times during that period, and most of the facts constituting the crime are the same type after thefting scams, bags, clothes, etc. from department stores or marinas, and some of the crimes are committed in the department stores, which are hard to expect a person with general judgment ability, such as continuing to commit larceny, entering the same department store and going back to the police after having been investigated by the police after repeatedly stolen objects from the department stores.
③ The Defendant was sentenced by the Incheon District Court to imprisonment with prison labor for a habitual larceny on January 18, 207, with prison labor for ten months on June 24, 2009; imprisonment for two years on December 3, 2009; imprisonment for one year on February 15, 2013; imprisonment for eight months at the Incheon District Court on April 8, 2015; imprisonment with prison labor for a larceny; and on December 8, 2016, with prison labor for one year and six months at the Incheon District Court on December 8, 2016, respectively. In the military register of the above cases, things caused by symptoms.