The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. The lower court rejected the application for compensation order B, an applicant for compensation.

An applicant for compensation cannot file an objection against a judgment that dismissed an application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, so the case of applying for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to the wall.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

3. In full view of the following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mental disorder and the evidence duly admitted and investigated by this court, the Defendant, at the time of committing the instant crime, deemed that the Defendant had weak ability to make a decision due to shock disorder caused by the wall of military register.

The defendant's mental disorder is justified.

① As to the crime of larceny and attempted larceny committed in the past from November 18, 2012 to January 9, 2013, the Defendant received a mental diagnosis from the National Judicial Hospital about the larceny from April 24, 2013 to May 23, 2013.

Since appraisal diagnosed the defendant as a shock disorder and a flag disorder caused by the military register, and it is presumed that the defendant committed a crime by failing to suppress the thief at the time of the crime, it is assumed that the defendant had the ability to discern things, but the ability to make a decision is presumed to have been prevented under the weak state.

(2) The defendant was subject to juvenile protective disposition for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2000 and 2002, and on February 12, 2004, one year and six months of probation shall be suspended.