The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Mental and physical disorder (a.e., theft, damage to each special property, and interference with the performance of special duties) Defendant was physically and mentally lost or physically weak at the time of committing the crime.

B. The punishment sentenced by the lower court against the Defendant (two years of imprisonment, additional collection of KRW 100,00) is too unreasonable.

2. Before determining the reasoning of the Defendant’s appeal ex officio, to be subject to a repeated offense under Article 35 of the Criminal Act, the Defendant was sentenced to imprisonment without prison labor or a heavier punishment and has to again commit an offense equivalent to imprisonment without prison labor or a heavier punishment within three years after the execution of the sentence is completed or exempted. On October 24, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act on October 24, 2017, and the judgment became final and conclusive on November 1, 2017, and committed each of the instant offenses during the suspended sentence period, and thus, the lower court was punished as a repeated offense, despite the fact that the Defendant was not a repeated offense.

In this respect, the judgment of the court below can no longer be maintained.

However, even if there are reasons to reverse ex officio, the defendant's argument about mental disorder still is subject to the judgment of this court, and this will be examined.

3. Determination as to the assertion of mental and physical disorder (the thief, each special property damage, and interference with the performance of special duties)

Even if the above crime was committed in light of various circumstances, such as the circumstances of the crime, the contents of the crime, and the circumstances before and after the crime, there was a lack of ability to discern things or make decisions due to such symptoms.

Therefore, the defendant's mental disorder cannot be accepted.

4. If so, the judgment of the court below is erroneous for the defendant's sentencing, since there are reasons for reversal as above.