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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was unable to properly engage in income activities due to mental illness such as depression, etc., and caused economic difficulties thereby, resulting in the instant crime.
Therefore, since the crime of this case was committed by the defendant in a state of mental disability, the punishment of this case must be mitigated.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. The gist of the Defendant’s assertion of mental disorder is that the Defendant committed the instant crime with economic difficulties as a result of failure to properly conduct income activities due to mental illness such as depression, etc., the Defendant appears not to have any assertion that the Defendant had the ability to discern things or make decisions due to mental illness such as depression at the time of the instant crime.
In addition, even if the defendant suffered from mental illness such as depression at the time of the crime of this case, considering the background leading to the crime of this case, the specific method of crime, the defendant's behavior and attitude revealed before and after the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant had a weak ability to discern things or make decisions due to mental illness at the time of the crime of this case, and therefore, this part of the defendant's assertion
B. The Defendant’s history of criminal punishment for the same kind of crime is several times, and the crime of this case repeatedly committed during the period of repeated crime due to the same crime, and the Defendant’s use of cutting machines to cut the crime of this case and intrudes upon the victim D’s residence, etc. In short, the circumstance that the victim D and E’s losses have not been sufficiently recovered is unfavorable to the Defendant.