The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to the mental collision adjustment disorder.

B. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. The phenomenon where a crime was committed because it was impossible to suppress the impulse of his/her own judgment as to the assertion of mental and physical weakness is likely to be found even to a normal person. Barring special circumstances, it cannot be deemed that a person who has the above character defect requires an act that cannot be expected to restrain his/her impulse and to comply with the law, barring special circumstances. Therefore, it is reasonable to view that the defect of the nature like shock disorder, in principle, does not constitute a mental and physical disorder, which is the reason for reduction or exemption of punishment. However, even if the mental disease within the original meaning that impedes the ability to discern things above, it is very serious cause for the crime, or even if it is deemed that the cause of the crime is the same as that of the shock disorder, if it can be deemed that the person with mental disorder within the original meaning is equal to that of the person with mental disorder, the larceny crime has been committed, and thus, it is difficult to find out that the defendant did not have any other means to steals things or have any other things after being stolen within the same time as that of an apartment building (see Supreme Court Decision 2002Do1541, supra.).