The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant was in a state of mental disability due to behavioral disorder, depression, etc. arising from the delay in mental retardation at the time of the instant crime.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

According to the record as to the claim of mental retardation, the defendant was suffering from behavioral disorder and depression due to the delay in mental retardation at the time of committing the crime of this case, and the defendant was found to have a mental disorder in the previous Seoul Central District Court 2010No1391, and the Seoul Northern District Court 201Mohap211, which caused the symptoms of mental retardation.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant selected the Seoul Metropolitan Terminal as a good place to commit the crime by approaching the place of the crime by using subways, bicycles, etc. from Dongdaemun-gu, and getting back the bicycle after committing the crime. The defendant has committed the crime by wearing a lock by preparing for the commission of the crime in advance and wearing the lock. The defendant committed the larceny by exposing the lock lock device on the side of bus driver's seat into a dricker or by exposing it into a vehicle with a key sticked at the entrance, and destroying money and valuables into the entrance, etc. The defendant committed the larceny by taking into account the following circumstances: (a) the defendant 5 times more than five times under similar veterinary laws and taken advantage of his property or attempted to commit it; (b) the fact that the defendant has the ability to adapt to daily life and ability to adapt to daily life; and (c) the situation of the defendant's attitude before and after committing the crime; and (d) other methods and methods to identify the defendant's attitude after the crime.