The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., mental or physical disability and unreasonable sentencing) committed the instant crime in a state of mental or physical disability due to the above-mentioned mental disorder, etc., and the sentencing of the first instance court (a year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. Before determining the grounds for appeal ex officio, prior to the determination of the grounds for appeal for ex officio determination, the Prosecutor applied for a change of the name of the crime in the instant case to “Habitual thief,” and the applicable provisions of the indictment to “Articles 332 and 329 of the Criminal Act,” and as the subject of the judgment was changed by this court’s permission, the judgment of the first instance court was no longer maintained.

However, despite the above reasons for ex officio reversal, the remaining grounds for appeal except for the defendant's assertion of unfair sentencing are still subject to the judgment of this court, and this is examined below.

B. According to the result of the mental appraisal of the defendant as to the grounds for appeal, the defendant can be found to have been presumed to have been clinically, but in light of all the evidence duly submitted and examined, it does not seem that the defendant was in a state that he did not have the ability to discern things or make decisions due to the mental disorder at the time of committing the crime in this case, and thus, the defendant's claim of mental disability is without merit.

3. As such, the Defendant’s assertion on the remaining grounds for appeal except for unfair sentencing does not have merit, but the first instance judgment has grounds for ex officio reversal. Thus, without examining the Defendant’s assertion on unfair sentencing, the first instance judgment is reversed under Article 364(2) of the Criminal Procedure Act, and the lower judgment is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.