The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to mental disorder, such as depression, etc.

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. In the trial of the competent court, the prosecutor changed the name of the crime against the defendant into a habitual larceny, and withdrawn Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes from among applicable provisions of the Act, and applied for amendments to an amendment of an Act in addition to Article 332 of the Criminal Act, and the court permitted the amendment.

Therefore, the judgment of the court below is no longer maintained as the subject of the judgment is changed.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still needs to be judged by this court.

3. According to the records on the Defendant’s claim of mental disability, even though it is recognized that the Defendant was suffering from an unknown depression, etc. at the time of the instant crime, and was in a state of mental health disorder, the Defendant does not seem to have weak ability to discern things or make decisions due to mental disorder, such as depression, etc. at the time of the instant crime, in full view of the background, means and methods of the instant crime, the Defendant’s behavior revealed before and after the instant crime, and the notice of the result of his mental appraisal on the Defendant.

Therefore, the defendant's argument of mental disability is without merit.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the following decision is rendered

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.