The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In fact, although the Defendant, at the time of the instant case, had 5 to 6 seeds from the victim’s residence, he did not bring the remaining objects as stated in the facts charged.

However, the court below recognized the facts charged of this case as it is, and thus, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness due to cerebral tension.

(c)

The punishment of the court below (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, the victim's statement in the court below, the victim's statement in investigation agency, the victim's CCTV images, and each photograph, etc., it is recognized that the defendant brought about more than 10 percent of the reduction of capital, and the distribution of insignia, which are owned by the victim. Thus, this part

B. According to the record as to the assertion of mental disorder, it is recognized that the defendant was diagnosed by brain cerebrovascular at H hospital around February 2014, and received medical treatment. However, in light of various circumstances, such as the background leading to the instant crime, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant did not have or lacks the ability to discern things, and thus, the above assertion by the defendant is rejected.

(c)

The fact that the defendant is not consistent and inconsistent with the defense that the defendant could not be able to understand about the unfair argument of sentencing, that there are two identical criminal records (one set of punishment, one set of suspended execution), that the defendant committed the crime of this case during the suspended execution period, and that there is a lack of efforts to agree with the victim, etc.

However, the value of the damage in this case is minor, and the defendant in this case.