The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, was not guilty of theft of goods.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can sufficiently recognize that the defendant stolen the goods as stated in the judgment below.

B. As to the unfair argument of sentencing, the lower court, in particular, mitigated the mental and physical weakness by recognizing the fact that the Defendant committed the instant crime under the mental and physical weakness due to mental illness.

In addition, the sentencing of the lower court is not deemed unfair, if the conditions of the sentencing indicated in the record are examined.

3. Conclusion, the Defendant’s appeal is dismissed (Provided, That among the judgment of the court below, it is apparent that Article 330 of the Criminal Act was omitted from the “Article 329 of the Criminal Act” following the “Article 329 of the Criminal Act,” and the evidence submitted by the Prosecutor relating to the crime 3738 on the upper end of 2017 and upper end of 3738, which intrudes the Defendant’s building at night.

Since it cannot be readily determined that this part of the crime is committed, the rate cannot be determined pursuant to Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act, and Article 329 of the Criminal Act shall apply. [Separately, the crime of intrusion upon residence is established, but if a member of a political party recognizes this part ex officio without the procedures for modification of the indictment, he/she may be able to give substantial disadvantage to the defendant’s exercise of his/her defense right, such as the substantial competition relation between the crime of intrusion upon residence and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes