The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. On April 25, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for theft suspicion in the Cheongju District Court Jeju District Court Branch, and the appellate court did not recognize the theft act and was sentenced to eight months of imprisonment with prison labor.

2) The Defendant, who was misunderstanding of the fact that he had been thief, was too scam and scambling, resulting in a malicious sentiment about the church after the above case, and there was a wall due to anti- religious personality disorder and shocking and shocking disorder that occurred only at the church.

3) Accordingly, the Defendant was in a state of mental disorder at the time of committing the instant crime.

B. The sentence of the lower court (three years of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. The phenomenon where a crime was committed because he/she did not suppress his/her impulse with respect to his/her mental disorder is likely to be found even to be long known to the normal person. Thus, barring special group circumstances, it cannot be deemed that a person who has such character defect requires acts that cannot be expected to restrain his/her impulse and to comply with the law, barring special circumstances. Therefore, it is reasonable to deem that a defect of nature, such as a disability, in principle, does not constitute a mental disorder, which is a reason for reduction or exemption of punishment. However, even if a mental disease of the original meaning that impedes his/her ability to discern things more than that, or even if a defect of nature, such as a defect of shock, which causes disorder, can be evaluated to be equal to that of the person who has mental disorder within the original meaning, even if such defect is very serious, it shall be deemed that the crime of larceny was committed due to mental disorder (see Supreme Court Decision 2002Do1541, May 24, 200).