The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. A. The Defendant was suffering from mental illness such as depression and fluor, etc. at the time of committing the crime, and was in a state of mental disability.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental illness in this case, there is no evidence to prove that the defendant suffered from mental illness such as depression and depression at the time of each of the crimes in this case, and even if there were such mental illness, in light of the process and process of the crime in this case, the method and method, and the defendant's act before and after the crime in this case, it does not seem that the defendant had the weak ability to discern things or make decisions due to mental illness at the time of each of the crimes in this case.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, the instant crime committed by the Defendant’s intrusion on a structure with the intent to steal goods in the place where the Defendant had worked as an employee, and committed a theft of electric wires and non-ferrouss, pipes, etc. in an aggregate amounting to KRW 2.60,000,000 in total, on two occasions

The Defendant had been subject to criminal punishment several times for the same crime, and even if he was sentenced to suspension of indictment for the larceny even six months before the crime of this case was committed, he/she committed the crime of this case.

However, the defendant recognized the crime of this case and reflects it, and the amount of damage is not relatively large, and the victim does not want to be punished by the defendant in the first instance.

In addition, the sentencing of the court below is deemed to be unfair because it is too unreasonable in light of various circumstances that are the conditions of sentencing as shown in the sentencing review process, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the situation after the crime.

Therefore, this part of the defendant's argument is justified.

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