The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, should be mitigated or exempted from punishment inasmuch as the Defendant was physically and mentally deprived or physically weak due to liverness at the time of committing each of the instant crimes.

B. The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental or physical weakness, Article 10 of the Criminal Act requires that mental or physical disorder, such as mental illness or abnormal mental condition, other than mental disorder, is lacking or reduced in the ability to discern things or control action accordingly due to such mental disorder. Thus, even if a person with mental disability is a person with normal mental disorder at the time of committing the crime, such mental or physical disorder shall not be deemed to be a mental or physical disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the court below and the evidence duly adopted and examined by the trial court, it is recognized that the defendant suffered "inception of dysysys that are not accompanied by dystrophism" at the time of each of the instant crimes.

However, in light of the following circumstances acknowledged by the above evidence, namely, the Defendant was arrested as a larceny No. 8 of the crime list in the lower judgment, and was investigated by the police, and the background and method of the 14th larceny crime including the larceny crime for which no report on damage was filed, and the Defendant stated in the order of time in detail and detailed. In addition, in view of the background and method of each of the instant offenses, the Defendant’s act before and after the crime, and the Defendant’s attitude in the investigative agency, etc., the Defendant was in a state that, at the time of each of the instant offenses, the Defendant lost or weak ability to discern things or make decisions due to the thiety of unclear thiety as above at the time of the instant offenses.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. Illegal assertion of sentencing.