The defendant's appeal is dismissed.

The ninety-five days under confinement before the pronouncement of this case shall be included in the penalty of the original judgment.

1. Summary of grounds for appeal;

A. The defendant with mental disorder is one of the judgment below.

(a) and 2. At the time of the commission of the crime, they were in a state of mental or physical disorder having no or weak ability to discern, or make decisions.

B. Considering the fact that the victims of this case’s injury in unfair sentencing were returned to the victims in full and actually recovered from damage, and that the Defendant was willing not to repeat the crime of this case, the lower court’s sentencing against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the defendant of this case 1.

A. and 2. The Defendant’s mental and physical disability assertion is without merit, in light of the following: (a) even though he was aware of the fact at the time of committing the instant crime; (b) based on the evidence duly admitted and investigated by the lower court; (c) the Defendant’s attitude and behavior before and after the instant crime; and (d) the Defendant’s ability to discern things or make decisions; and (c) the Defendant’s mental and physical disorder is not deemed to lead to the instant crime under the circumstance where he

B. Although there are favorable circumstances as alleged by the Defendant, such as the background of the instant crime, the degree of damage recovery, and the Defendant’s reflectivity, etc. Meanwhile, the Defendant has the same criminal records of imprisonment with prison labor and fines of two times, including imprisonment with prison labor, etc. on May 26, 2006, and the Defendant was sentenced to imprisonment with prison labor and one year and six months at the Gwangju District Court on May 26, 2006 due to the theft of the contents similar to the instant case, even after the execution of the sentence was completed on November 4, 2007, it constitutes a repeated crime again committing the instant crime for only one week, and the sentence imposed by the lower court was the lowest punishment imposed on the Defendant, as well as the circumstances leading up to the instant crime, the circumstances after the crime, the Defendant’s age, character and behavior, occupation and occupation as shown in the record.