The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The Seoul Southern District Prosecutors' Office, which was seized, pressured in 2015.

1. Summary of grounds for appeal;

A. At the time of habitually thiefing, the Defendant was in a state of mental and physical weakness due to the military register design, which is a kind of disability with impulse control at the time of committing the instant habitual larceny.

B. The punishment sentenced by the lower court (a three-year imprisonment, confiscation) is too unreasonable.

2. Determination

A. The phenomenon where a crime was committed because he/she did not suppress his/her impulses on the grounds that he/she was unable to suppress his/her impulses or that he/she was unable to find for the normal person. Thus, barring special circumstances, barring special circumstances, it cannot be deemed that a person with such character defect requires acts that cannot be expected to control his/her impulses and to comply with the law, and thus, it is reasonable to deem that the defect of nature, such as shock disorder, does not constitute a mental disorder, which is a reason for reduction or exemption of punishment. However, even if a mental disease within the original meaning that impedes his/her ability to discern things above, even if the defect of nature, such as shock disorder, is very serious and can be evaluated to be equal to that of the person with mental disorder within the original meaning, it should be deemed that the crime of larceny was committed due to mental disorder (see Supreme Court Decision 2010Do4682, Jun. 10, 201).

Even if the defendant could be deemed to be equal to a person with mental illness in its original meaning, and at the time of the habitual larceny crime of this case, the defendant was found to have "in the state of lacking the ability to discern things or make decisions"

Therefore, this part of the assertion is rejected.

B. Sentencing;