The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the crime.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The mental and physical disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental and physical weakness requires that the mental disorder, such as mental illness or abnormal mental condition, due to biological factors, has caused lack or decrease in the ability to discern things due to psychological disorder and the ability to control the act accordingly. Thus, even if a person with mental disorder is a person with mental disorder, if he/she had the ability to discern things or control the act at the time of committing the crime, he/she cannot be deemed a mental and physical disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007, etc.). In addition, in determining whether a defendant was in a state of mental and physical disorder at the time of committing the crime, it is not necessarily required to undergo expert appraisal. Thus, the court does not necessarily have to undergo expert appraisal in determining whether the defendant was in a state of mental and physical disorder, by taking into account various materials indicated in the record, such as the process and means of the

In light of the relevant legal principles and the evidence duly admitted and investigated by the court below, the defendant is relatively detailed in the investigative agency as to the date and time of the crime, place, circumstances before and after the crime, object of theft, etc., and the defendant seems to have not returned to neighboring business places while escaping from the crime of this case. In full view of the fact that the defendant was under the influence of the defendant's movement in the process of the crime of this case, considering the following circumstances, the defendant is somewhat under the influence of alcohol.